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 II

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 II
2003 Atlanta, Ga. Printed on Recycled Paper

TUESDAY, APRIL 8, 2003 Representative Hall, Atlanta, Georgia
Tuesday, April 8, 2003

2221

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. Terry Hendrix, Pastor, First Baptist Church, Fort Valley, 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.

2222

JOURNAL OF THE HOUSE

The Speaker announced the House in recess until 10:30 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 545 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from former President and Nobel Laureate Jimmy Carter was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

Former President and Nobel Laureate Jimmy Carter 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.

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

HB 914. By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.

TUESDAY, APRIL 8, 2003 Referred to the Committee on Retirement.

2223

HB 915. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.

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

HB 916. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wilkinson of the 41st, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A BILL to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; and for other purposes.

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

HB 917. By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, the election of options, and revocation of the election, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.

Referred to the Committee on Retirement.

2224

JOURNAL OF THE HOUSE

HB 918. By Representatives Dooley of the 33rd, Post 3, Fludd of the 48th, Post 4, Rogers of the 20th, Buckner of the 109th, Hill of the 16th and others:
A BILL to amend Code Section 17-6-12 of the Official Code of Georgia Annotated, relating to the discretion of the court to release a person charged with a crime on his or her own recognizance and the effect of the person charged to appear for trial, so as to remove such discretion for a person who has failed to appear for trial on two or more occasions; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 919. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.

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

HB 920. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," 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 921. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.

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

TUESDAY, APRIL 8, 2003

2225

HB 922. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.

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

HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

Referred to the Committee on Retirement.

HB 924. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Stewart County shall be nonpartisan elections; and for other purposes.

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

HB 925. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Early County shall be nonpartisan elections; and for other purposes.

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

2226

JOURNAL OF THE HOUSE

HB 926. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.

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

HB 927. 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 BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.

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

HB 928. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:
A BILL to provide for a homestead exemption from Fulton County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 929. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:
A BILL to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

TUESDAY, APRIL 8, 2003

2227

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

HB 930. By Representative Parrish of the 102nd:
A BILL to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the start date of a school year to be established by a local board of education; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 931. By Representative Gardner of the 42nd, Post 3:
A BILL to amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to habilitation of the mentally retarded generally, so as to authorize persons designated as representatives of persons with mental retardation to provide certain consents to treatment, habilitation services, and behavioral interventions; to provide for appointment of a guardian ad litem for hearings; and for other purposes.

Referred to the Committee on Judiciary.

HB 932. By Representatives Jones of the 38th and Murphy of the 14th, Post 2:
A BILL to amend an Act creating the Forsyth County Board of Registrations and Elections, so as to change the provisions relating to the compensation of the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; and for other purposes.

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

HB 933. By Representatives Mobley of the 58th and Stephenson of the 60th, Post 1:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Georgia Judicial Retirement System, so as to provide that a member of such retirement system

2228

JOURNAL OF THE HOUSE
may obtain creditable service for prior service as a county paid assistant district attorney or assistant solicitor-general; and for other purposes.

Referred to the Committee on Retirement.

HB 935. By Representatives Harrell of the 54th, Brown of the 89th, Gardner of the 42nd, Post 3 and Howard of the 98th:
A BILL to amend Article 1 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions related to services for the aging, so as to provide for legislative findings and intent; to establish an advisory committee on seniors and prescription drug costs and to provide for its selection, compensation, powers, qualifications, and duties; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 936. By Representative Lane of the 101st:
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

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

HB 937. By Representatives Mobley of the 58th, Brooks of the 47th and Mangham of the 62nd:
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 African Affairs Commission; to provide for the appointment and terms of members; to provide for officers; to provide for the duties of the commission; to authorize the employment of staff by the commission; and for other purposes.

Referred to the Committee on Human Relations & Aging.

TUESDAY, APRIL 8, 2003

2229

HB 938. By Representatives Smith of the 76th and Douglas of the 73rd:
A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

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

HB 939. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, McClinton of the 59th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Locust Grove, 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 940. By Representative Royal of the 140th:
A BILL to provide a new charter for the City of Sale City; and for other purposes.

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

HB 941. By Representatives Ray of the 108th, Purcell of the 122nd and Oliver of the 121st, Post 2:
A BILL to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

2230

JOURNAL OF THE HOUSE

HB 944. By Representatives DeLoach of the 127th, Keen of the 146th, Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and others:
A BILL to create the Liberty County Public Facilities 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 945. By Representatives Martin of the 37th, Jones of the 38th, Campbell of the 39th and Burkhalter of the 36th:
A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.

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

HR 617. By Representative Mills of the 67th, Post 2:
A RESOLUTION urging the United States Senate to pass and the President of the United States to sign legislation that bans human cloning; and for other purposes.

Referred to the Committee on Judiciary.

HR 618. By Representatives Ehrhart of the 28th and Lucas of the 105th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the use of fees and fines received in the course of regulating bona fide coin operated amusement machines; to provide for dedication of a portion of such moneys for expenses relating to such regulation and for dedication of the remainder of such moneys for appropriation in the same manner as lottery proceeds; and for other purposes.

TUESDAY, APRIL 8, 2003 Referred to the Committee on Regulated Industries.

2231

HR 619. By Representative Wilkinson of the 41st:
A RESOLUTION expressing the intent of certain legislation passed by the General Assembly that has been misinterpreted by the Department of Community Health and urging a correction of the regulations adopted by the Department of Community Health's Division of Health Planning that are in conflict with the intent of such legislation; and for other purposes.

Referred to the Committee on Health and Human Services.

HR 620. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION designating the Julien B. Roddenbery, Sr. Memorial Drive; and for other purposes.

Referred to the Committee on Transportation.

HR 621. By Representatives Smith of the 76th, Westmoreland of the 86th, Keen of the 146th, Harbin of the 80th and Golick of the 34th, Post 3:
A RESOLUTION to create the House Unfunded Mandates Study Committee; and for other purposes.

Referred to the Committee on Appropriations.

HR 622. By Representatives Day of the 126th, Stephens of the 123rd, Keen of the 146th, Barnard of the 121st, Post 1 and Noel of the 44th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the powers of the Board of Regents of the University System of Georgia shall be exercised subject to Acts of the General Assembly approved by the Governor; and for other purposes.

2232

JOURNAL OF THE HOUSE

Referred to the Committee on Higher Education.

HR 623. 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 RESOLUTION creating the Commission on Efficiency in State Government; to provide for its powers and duties and compensation of its members; and for other purposes.

Referred to the Committee on Rules.

HR 624. By Representative Willard of the 40th:
A RESOLUTION urging the United States Department of State to seek the release of Xuefei Zhou, the wife of a Georgia resident, imprisoned by the Chinese government for the practice of Falun Gong; and for other purposes.

Referred to the Committee on Rules.

HR 625. By Representatives Birdsong of the 104th, Purcell of the 122nd, DeLoach of the 127th, Stephens of the 123rd, Mosley of the 129th, Post 1 and others:
A RESOLUTION designating Interstate Route 95 within Georgia as a part of the national Purple Heart Trail in honor of recipients of the Purple Heart Medal; and for other purposes.

Referred to the Committee on Transportation.

HR 668. By Representatives Noel of the 44th, Thomas of the 33rd, Post 2, Buckner of the 82nd, Gardner of the 42nd, Post 3, Stokes of the 72nd and others:
A RESOLUTION urging the use of certain design elements and material standards in state development activity and local school educational facility construction projects; and for other purposes.

TUESDAY, APRIL 8, 2003 Referred to the Committee on Governmental Affairs.

2233

HR 669. By Representatives Buckner of the 82nd, Lunsford of the 85th, Post 2, Houston of the 139th, Morris of the 120th, Harrell of the 54th and others:
A RESOLUTION creating the House Study Committee on Funding For Local Victim Assistance Programs; and for other purposes.

Referred to the Committee on Rules.

HR 670. By Representatives Epps of the 90th, Lucas of the 105th, Ehrhart of the 28th and Smith of the 110th:
A RESOLUTION creating the House Study Committee on Coin Operated Amusement Machines; 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 958. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee County to reimburse the county for the cost of collecting school taxes; and for other purposes.

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

HB 959. By Representative Hanner of the 133rd:
A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.

2234

JOURNAL OF THE HOUSE

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

HB 960. By Representatives Walker of the 115th and James of the 114th:
A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; 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 904 HB 905 HB 906 HB 907 HB 908 HB 909 HB 910 HB 911 HB 912 HB 913 HB 934 HB 942

HB 943 HR 614 SB 13 SB 119 SB 157 SB 216 SB 218 SB 248 SB 249 SB 254 SB 260 SB 278

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 145 Do Pass

TUESDAY, APRIL 8, 2003
Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

2235

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 448 HB 871 HB 874 HB 880

Do Pass, by Substitute Do Pass Do Pass Do Pass

HB 888 Do Pass HB 890 Do Pass HB 896 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, APRIL 8, 2003

Mr. Speaker and Members of the House:

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

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 132

Keith Kalland Connector; designate

2236

JOURNAL OF THE HOUSE

DEBATE CALENDAR

HB 26
HB 88 HB 114 HB 175 HB 301 HB 309
HB 316
HB 318 HB 359 HB 367 HB 413
HB 414 HB 590 HB 594 HB 598 HB 616
HB 645 HB 708 HB 709 HB 726 HB 735 HB 757 HB 772 HB 846 HR 399

Archeological and other submerged sites; prohibition against disturbing; exemption Tax executions; prohibit sales Election superintendent; office to remain open until ballots are counted Smoking in motor vehicle with child in car seat; define offense Judicial sales later rescinded; limitation of damages Joint development authorities; county of this state and contiguous county of adjoining state Persons supervising children; criminal background checks; National Crime Information Center Adult Day Center Licensure Act; enact Perpetrators of felonies; local government rewards; remove limitation Oral trust of personal property; provisions Storm water wetlands; conservation use property; preferential assessment; ad valorem tax Pretrial motions; time limit for filing Teachers transferring from other states; exempt from certain exams State employees' health insurance; certain community service retirees Insurance fraud; sales of coverage for unauthorized insurer Drivers' licenses; certain out-of-state applicants; on-the-road driving test not required Alcoholic beverages; redefine malt beverage Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation Local sales taxes; limitation; certain exclusions Professional engineers and land surveyors; redefine land surveying Supplemental appropriation; Department of Labor Eggs; labeling information; expiration dates Bingo games; operation by auxiliary unit of parent organization OCGA; conform references to House and Senate committee names Electric transmission systems; proposed standard design; urge FERC and Congress not adopt

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

TUESDAY, APRIL 8, 2003 consideration and read the third time:

2237

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.

The following Committee substitute was read and adopted:

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), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, so as to change certain fees charged by the clerk and marshal of said court; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, is amended by striking in their entirety subsections (a), (b), and (c) and Table A of subsection (d) of Section 49 and inserting in lieu thereof the following:
"(a) Reserved. (b) Reserved. (c) Reserved."
"A. COST IN CIVIL PROCEEDING:

(1) Filing Fee, Civil suits

$100.00

(2) Filing of Foreign Judgments

100.00

(3) Dispossessory and Distress Warrants

100.00

(4) Garnishments

100.00"

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

2238

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 880. By Representative Porter of the 119th:

TUESDAY, APRIL 8, 2003

2239

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

2240

JOURNAL OF THE HOUSE

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

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.

The following substitute, offered by Representative Mills of the 67th, Post 2 et al., was read and adopted:

A BILL
To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, so as to abolish the associate judge position for said court; to provide for an additional full-time judge for said court; to provide for the initial appointment of such additional judge; to provide for terms of office of the judges of said court; to provide for the subsequent election of the judges of said court; to provide for qualifications, restrictions, discipline, power, and authority of the judges of said court; to provide for salaries of the judges of said court; to provide for a Chief Judge of said court; to revise and restate provisions relating to the Solicitors salary; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other

TUESDAY, APRIL 8, 2003

2241

purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 189091, Vol. II, p. 939), as amended, is amended by striking that Section 2B that was added by the amendatory Act approved April 6, 1992 (Ga. L. 1992, p. 5414) and that related to the position of associate state court judge and thereby abolishing the position of associate state court judge.
SECTION 2. Said Act is further amended by striking Section 2, Section 2A, and that Section 2B that was added by the amendatory Act approved April 12, 1982 (Ga. L. 1982, p. 3852) and that related to compensation of the Solicitor, in their entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) Until July 1, 2003, there shall be one full-time judge and one associate judge of the State Court of Hall County, as provided by existing law. The full-time judge of said court, in office prior to July 1, 2003, shall continue to serve the term of office to which he or she was elected and until the election and qualification of his or her successor. (b) Effective July 1, 2003, there shall be two full-time judges of the State Court of Hall County. The first judge shall continue to serve as provided in subsection (a) of this section. The second judge, added effective July 1, 2003, shall be appointed by the Governor for an initial term of office ending on December 31, 2004, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Hall County at a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter pursuant to Code Section 21-2-138 of the O.C.G.A. The judge thus elected shall serve a four-year term and until such officers successor is elected and qualified. (c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. Said judges shall be vested with the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (d) The judges of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees. (e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a Superior Court judge, from state funds only, effective July 1, 2003, plus any increases in said annual salary for Superior Court judges, from state funds only, on or after July 1, 2003.

2242

JOURNAL OF THE HOUSE

(f) The judge who has served the longest period of time in office of said court shall be the Chief Judge."
SECTION 3. Said Act is further amended by adding at the end of Section 4A new subsections (d) and (e) to read as follows:
"(d) The Solicitor of said court shall receive an annual salary equal to 90 percent of the gross salary as defined in subsection (e) of this section which shall be payable out of the funds of Hall County at the same intervals as installments are paid to other county employees. (e) For the purposes of subsection (d) of this section, the term 'gross salary' shall mean the annual salary received by a District Attorney, from state funds only, effective July 1, 2003, plus any increases in said annual salary for District Attorneys, from state funds only, on or after July 1, 2003."
SECTION 4. Said Act is further amended by striking from subsection (b) of Section 4A all references to the following:
"Section 2B of this Act" and inserting in lieu thereof the following:
"Section 4(d) of this Act".
SECTION 5. This Act shall become effective July 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

TUESDAY, APRIL 8, 2003

2243

serving 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 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 8. By Senators Shafer of the 48th, Cagle of the 49th, Lamutt of the 21st, Seabaugh of the 28th, Mullis of the 53rd and others:
A BILL to be entitled an Act 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

2244

JOURNAL OF THE HOUSE

objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 77. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th, Zamarripa of the 36th, Butler of the 55th and others:
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, so as to change the penalty provisions related to the offense of keeping a place of prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 93. By Senators Jackson of the 50th and Cagle of the 49th:
A BILL to be entitled an Act 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 revise the address of one of the recognized tribes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 123. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, so as to clarify the use of standardized forms and a courts ability to modify the form; to specify the sheriffs duties with respect to updating and maintaining the registry; to provide for registry of foreign protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 150. By Senators Gillis of the 20th, Starr of the 44th, Crotts of the 17th and Bowen of the 13th:
A BILL to be entitled an Act to amend Article 1 of Chapter 21 of Title 43 of the O.C.G.A., relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates resulting in price gouging during the duration of a special sporting event held in Georgia; to prohibit hotels from imposing special service charges or fees or requiring guests to reserve room nights before or after the special sporting event or to purchase other goods or services in order to use the hotel rooms during the period of the special sporting event; to define certain terms; to provide for legislative findings and declaration of purpose; to provide for an effective date; to repeal conflicting

TUESDAY, APRIL 8, 2003

2245

laws; and for other purposes.
SB 151. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to peeping Toms, so as to expand the description of the crime; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 187. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council; to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 198. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize national background checks on providers of care to children, the elderly, and persons with disabilities,

2246

JOURNAL OF THE HOUSE

including but not limited to volunteers with youth sports organizations and other youth activities; to state legislative findings; to define terms; to provide for conformity with federal law; to provide for a publicity program; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide an effective date; and for other purposes.
SB 200. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, so as to permit the department to obtain conviction data that is relevant to any adult who has contact with a child who is the subject of a protective services referral, complaint, or investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 201. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to permit the Department of Human Resources to share access to child abuse records and release information from such records to the Office of School Readiness; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 203. By Senators Price of the 56th, Johnson of the 1st and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for virtual charter schools; to provide for construction; to revise definitions; to provide for duties of the state board of education, charter petitioners seeking to create virtual charter schools, and local boards of education; to clarify references to home study programs; to limit the application of certain charter school requirements to virtual charter schools; to authorize requiring proof of residency and attendance of students enrolled in virtual charter schools; to provide for funding of virtual charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 215. By Senators Harp of the 16th, Fort of the 39th, Thomas of the 2nd, Thomas of the 54th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official

TUESDAY, APRIL 8, 2003

2247

Code of Georgia Annotated, relating to employment and training of peace officers, so as to change provisions relating to reimbursement by a governmental unit that employs a peace officer within a certain period of time after such peace officer has completed training while employed by another governmental unit; to provide that the reimbursement requirement shall apply only to governmental units and not to peace officers; to require certain acknowledgment by the peace officer of such requirement as a condition to demanding reimbursement; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 223. By Senators Lee of the 29th, Harp of the 16th, Zamarripa of the 36th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for teachers, so as to provide that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 239. By Senators Crotts of the 17th, Smith of the 25th and Thomas of the 10th:
A BILL to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the Senate, so as to change the composition of certain state senatorial districts; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident

2248

JOURNAL OF THE HOUSE

command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 272. By Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th:
A BILL to be entitled an Act 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 regulating telemarketing to residential telephone subscribers to include telemarketing to cellular subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 273. By Senators Moody of the 27th, Kemp of the 46th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to

TUESDAY, APRIL 8, 2003

2249

state government, so as to provide for the comprehensive regulation of publicprivate infrastructure projects; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for contracting authority; to provide for procedures, conditions, and limitations with respect to approval of qualifying projects and selection of proposals; to provide for powers, duties, and responsibilities of project operators; to provide for default; to provide for remedies; to provide for property dedication; to provide for condemnation; to provide for exercise of police powers; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 8.

By Senators Shafer of the 48th, Cagle of the 49th, Lamutt of the 21st, Seabaugh of the 28th, Mullis of the 53rd and others:
A BILL to be entitled an Act 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; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 77.

By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th, Zamarripa of the 36th, Butler of the 55th and others:
A BILL to be entitled an Act to amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, so as to change the penalty provisions related to the offense of keeping a place of prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

2250

JOURNAL OF THE HOUSE

SB 93.

By Senators Jackson of the 50th and Cagle of the 49th:
A BILL to be entitled an Act 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 revise the address of one of the recognized tribes; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 123. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, so as to clarify the use of standardized forms and a courts ability to modify the form; to specify the sheriffs duties with respect to updating and maintaining the registry; to provide for registry of foreign protective orders; 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 150. By Senators Gillis of the 20th, Starr of the 44th, Crotts of the 17th and Bowen of the 13th:
A BILL to be entitled an Act to amend Article 1 of Chapter 21 of Title 43 of the O.C.G.A., relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates resulting in price gouging during the duration of a special sporting event held in Georgia; to prohibit hotels from imposing special service charges or fees or requiring guests to reserve room nights before or after the special sporting event or to purchase other goods or services in order to use the hotel rooms during the period of the special sporting event; to define certain terms; to provide for legislative findings and declaration of purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

TUESDAY, APRIL 8, 2003

2251

SB 151. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 16-11-61 of the Official Code of Georgia Annotated, relating to peeping Toms, so as to expand the description of the crime; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 187. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council; to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

2252

JOURNAL OF THE HOUSE

Referred to the Committee on Special Judiciary.

SB 198. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize national background checks on providers of care to children, the elderly, and persons with disabilities, including but not limited to volunteers with youth sports organizations and other youth activities; to state legislative findings; to define terms; to provide for conformity with federal law; to provide for a publicity program; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide an effective date; and for other purposes.

Referred to the Committee on Public Safety.

SB 200. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, so as to permit the department to obtain conviction data that is relevant to any adult who has contact with a child who is the subject of a protective services referral, complaint, or investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Children & Youth.

SB 201. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to permit the Department of Human Resources to share access to child abuse records and release information from such records to the Office of School Readiness; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, APRIL 8, 2003 Referred to the Committee on Children & Youth.

2253

SB 203. By Senators Price of the 56th, Johnson of the 1st and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for virtual charter schools; to provide for construction; to revise definitions; to provide for duties of the state board of education, charter petitioners seeking to create virtual charter schools, and local boards of education; to clarify references to home study programs; to limit the application of certain charter school requirements to virtual charter schools; to authorize requiring proof of residency and attendance of students enrolled in virtual charter schools; to provide for funding of virtual charter schools; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 215. By Senators Harp of the 16th, Fort of the 39th, Thomas of the 2nd, Thomas of the 54th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change provisions relating to reimbursement by a governmental unit that employs a peace officer within a certain period of time after such peace officer has completed training while employed by another governmental unit; to provide that the reimbursement requirement shall apply only to governmental units and not to peace officers; to require certain acknowledgment by the peace officer of such requirement as a condition to demanding reimbursement; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 223. By Senators Lee of the 29th, Harp of the 16th, Zamarripa of the 36th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for teachers, so as to

2254

JOURNAL OF THE HOUSE
provide that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system; 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 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 239. By Senators Crotts of the 17th, Smith of the 25th and Thomas of the 10th:
A BILL to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the Senate, so as to change the composition of certain state senatorial districts; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command

TUESDAY, APRIL 8, 2003

2255

system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 272. By Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th:
A BILL to be entitled an Act 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 regulating telemarketing to residential telephone subscribers to include telemarketing to cellular subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of

2256

JOURNAL OF THE HOUSE
subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

SB 273. By Senators Moody of the 27th, Kemp of the 46th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of public-private infrastructure projects; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for contracting authority; to provide for procedures, conditions, and limitations with respect to approval of qualifying projects and selection of proposals; to provide for powers, duties, and responsibilities of project operators; to provide for default; to provide for remedies; to provide for property dedication; to provide for condemnation; to provide for exercise of police powers; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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

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

TUESDAY, APRIL 8, 2003

2257

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.

Pursuant to Rule 150, all Bills and Resolutions passed or adopted will be immediately transmitted to the Senate.

Representative Marin of the 66th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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.

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 N Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce

N Day Y Dean Y Deloach
Dix Y Dodson N Dollar
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 N Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane

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 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 N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

2258
Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers
Coan E Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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
Heckstall N Hembree Y Henson N Hill, C

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 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

On the motion, the ayes were 95, nays 75. The motion prevailed.

Y 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

Representative Skipper of the 116th moved that all debate be limited to 10 minutes with the exception of the Presenter and the Committee Chairman.

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

Y Amerson Y Anderson N 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 Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter

Y Day Y Dean Y Deloach
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 N Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene

Y Hill, C.A Hill, V
N Hines Y Holmes Y Houston
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 Y Lunsford Y Maddox

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
Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice

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 Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan E Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

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

Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Richardson Y Roberts, J
Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Shaw Y Sheldon Y Sholar

On the motion, the ayes were 155, nays 7. The motion prevailed.

2259
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

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 414. By Representative Jenkins of the 93rd:
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.

The following Committee substitute was read and adopted:

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; 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 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions, is amended by striking Code

2260

JOURNAL OF THE HOUSE

Section 17-7-110, relating to the indictment or accusation and witnesses, in its entirety and inserting in lieu thereof the following:
"17-7-110. Reserved. All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
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
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 E Coleman, B Y Cooper

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin
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 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
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar

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
Shaw

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 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

TUESDAY, APRIL 8, 2003

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

2261
Y Yates Coleman, Speaker

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

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.

The following Committee substitute was read and adopted:

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, or after 30 years of actual service to a community service board regardless of age; to provide for employer and employee contributions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by inserting immediately following Code Section 45-18-7.7 a new Code section to read as follows:
"45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible

2262

JOURNAL OF THE HOUSE

dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share."
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
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 N Burmeister N Butler

Y Day Y Dean Y Deloach
Dix Y Dodson Y 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 N Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

Y Hill, C.A 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 N Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas N Lunsford Y Maddox
Mangham N Manning

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 N Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice
Richardson Y Roberts, J

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
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 Campbell N Casas Y Chambers Y Channell Y Childers E Coan E Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

2263
Y Westmoreland Y White Y Wilkinson Y 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 151, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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.

The following Committee substitute was read:

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 issuance of a certificate of need by the Public Service Commission; to provide for applications for such certificates of need and for rules establishing the practice and procedure in connection therewith; to provide for public hearings, the authority of the hearing officer, administrative determinations, final decision by the

2264

JOURNAL OF THE HOUSE

commission, appeals, and grounds for setting aside the commissions final decision; to provide for requirements before construction of electric transmission lines and procedures for alleged noncompliance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain, is amended by striking in its entirety Code Section 22-320, relating to condemnation for running power lines, and inserting in lieu thereof the following:
"22-3-20. Any person operating or constructing or preparing to construct a plant facilities for generating or transmitting electricity shall have the right to purchase, lease, or condemn property or interests therein including but not limited to rights of way or other easements over the lands of others in order to run power lines, maintain dams, flow backwater, or carry on other activities necessary for constructing and operating such a plant facilities, provided that the person first pays just compensation to the owner of the land to be affected."
SECTION 2. Said chapter is further amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
22-3-160. As used in this article, the term:
(1) 'Commission' means the Georgia Public Service Commission. (2) 'Director' means the director of the consumers utility counsel division of the Governors Office of Consumer Affairs. (3) 'Electric transmission line' means a line of one mile or longer that is constructed or to be constructed for the transmission of not less than 115 kilovolts of electrical power. (4) 'Electric transmission line company' means a private corporation, public corporation, authority, municipal corporation, cooperative, or other entity authorized under the laws of this state to exercise the power of eminent domain for purposes of constructing and maintaining electric transmission lines. (5) 'Public necessity' means the need for an electric transmission line as established by criteria set forth in rules promulgated by the commission in keeping with sound engineering practices and principles for electric system reliability and integrity.

TUESDAY, APRIL 8, 2003

2265

22-3-161. Except as otherwise provided in this article, before exercising the right of eminent domain on or after January 1, 2004, for purposes of constructing an electric transmission line, an electric transmission line company shall first obtain from the commission a certificate of need as described in this article. The commission shall grant such a certificate of need if the electric transmission line company demonstrates that the electric transmission line is supported by public necessity.
22-3-162. (a) Any electric transmission line company seeking to obtain a certificate of need from the commission shall file with the commission a written application for such certificate of need prior to exercising the power of eminent domain for purposes of constructing the electric transmission line for which the power of eminent domain is to be used. The electric transmission line company, at the same time it files such application with the commission, shall serve a copy of the application on the director of the consumers utility counsel division of the Governors Office of Consumer Affairs. (b) No later than January 1, 2004, the commission shall prescribe rules in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of need, which shall be limited to:
(1) A requirement that the application for such certificate of need shall include a description of the proposed project; (2) A requirement that the application for such certificate of need shall include a description of the public necessity supporting the project; (3) A requirement that the application for such certificate of need shall include a statement that the power of eminent domain may be necessary to construction of the electric transmission line; (4) Criteria, in keeping with sound engineering practices and principles for electric system reliability and integrity, that when satisfied shall establish public necessity for an electric transmission line. Such criteria shall include the electric transmission needs of the state as a whole, the electric transmission needs of the geographic area primarily to be served by the proposed electric transmission line, the costs associated with constructing and maintaining the proposed electric transmission line, and other factors reasonably affecting the reliability and integrity of the electric system; (5) Rules of procedure and the rules for the taking of evidence in the public hearing required by Code Section 22-3-163. In such public hearing, the commission shall not be bound by the strict technical rules of pleading and evidence but may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matter before it; and (6) A uniform fee schedule in amounts reasonably necessary to defray the expense of the commission in reviewing the application and determining whether to grant the application. (c) Within 20 days after the filing of an application for a certificate of need, the commission shall set a date, time, and location for a public hearing on the application,

2266

JOURNAL OF THE HOUSE

which may be no sooner than 60 days after the date on which the application was filed. (d) Within ten days after the commission sets a date, time, and location for the public hearing on the application, the electric transmission line company that filed the application shall publish notice of the application and the date, time, and location for the public hearing in the legal organ of each county through which the proposed electric transmission line might run.
22-3-163. (a) No sooner than 60 days after the filing of an application as described in Code Section 22-3-162, the commission, through a hearing officer it appoints, shall conduct a public hearing on the application in the county through which the majority of the proposed electric transmission line most likely will be located. The public hearing shall be transcribed and the transcription of the public hearing shall be made a part of the administrative record. (b) Any interested person may make a limited appearance by making an oral or written statement of his or her position on the public necessity of the project proposed in the application within such limits and on such conditions as may be fixed by the hearing officer, but no such person shall be considered a party to the commissions proceedings or otherwise participate in such proceedings. The electric transmission line company that filed the application shall appear at the hearing to present its case on the application, and the director or his or her representative shall appear at the hearing on behalf of this states consumers of services provided by the electric transmission line company. (c) Notwithstanding any other provision of law, no person other than the electric transmission line company that filed the application and the director shall be considered a party to the commissions proceedings on the application, and no person shall be allowed to intervene as a party to such proceedings. (d) In conducting the public hearing, the hearing officer shall have authority to:
(1) Administer oaths and affirmations; (2) Sign and issue subpoenas for discovery or trial of the hearing; (3) Rule upon offers of proof; (4) Regulate the course of the hearing, setting the time and place for continued hearings; (5) Permit persons to make limited appearances as provided for in this Code section; (6) Take official notice of judicially recognizable facts; (7) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed at or during the hearing; and (8) Exercise such other powers necessary for the efficient and expeditious conduct of the hearing, to the end that a complete and orderly record may be developed. (e) The hearing officer shall permit only the commissioners, the hearing officer, the parties, or the attorneys of record of the commissioners, hearing officers, or parties to examine or cross-examine witnesses.

TUESDAY, APRIL 8, 2003

2267

22-3-164. (a) The hearing officer, within 30 days after the close of the public hearing, shall issue an administrative determination, which determination shall include:
(1) Factual findings as to whether the information set forth in the application meet each of the criteria adopted by the commission to establish public necessity in accordance with paragraph (4) of subsection (b) of Code Section 22-3-162; and (2) An ultimate finding as to whether the proposed electric transmission line is supported by public necessity. (b) Based on the findings required by this Code section, the hearing officers determination shall recommend that the commission take one of the following actions on the application: (1) Approve the application and issue the certificate of need; or (2) Reject the application and deny issuance of the certificate of need. (c) The hearing officers determination, along with the administrative record, shall be transmitted to the commission, which must issue a final decision adopting or rejecting the recommendation of the hearing officer no sooner than 30 days after issuance of the hearing officers determination. Either party may file with the commission written objections or comments to the hearing officers determination within 30 days after issuance of such determination. (d) If the commission fails to issue a final decision on the application within 180 days from the date on which the application was filed, then the application shall be deemed approved and the certificate of need shall be issued by operation of law. (e) Issuance of a certificate of need shall constitute conclusive evidence of public necessity in any condemnation proceeding related to the electric transmission line for which the certificate of need was issued. Except as otherwise provided in Code Section 22-3-166, the issuance of a certificate of need shall not be subject to relitigation or review in any other administrative or judicial proceeding and shall not create a cause of action in any person, corporation, association, county, municipal corporation, or agency or department of the state.
22-3-165. (a) Notwithstanding any other provision of law, no certificate of need as described in this article shall be required for:
(1) The construction of any line for the transmission of less than 115 kilovolts of electrical power; (2) The construction of any line less than one mile in length; (3) The construction of any electric transmission line for which the commission determines that an electric transmission line company has, as of July 1, 2003, determined a route and expended funds for the planning, design, or acquisition of real property or an interest therein for the purpose of constructing such electric transmission line; (4) The maintenance, upgrade, or alteration of any electric transmission line, provided such maintenance, upgrade, or alteration does not increase the width of the

2268

JOURNAL OF THE HOUSE

existing right of way; (5) The relocation of any electric transmission line, which relocation is required by action or order of any agency or department of the federal government or the state government or any political subdivision thereof, including authorities, counties, and municipalities. (b) The commission, in its discretion, may waive the requirement for obtaining a certificate of need as described in this article if it determines: (1) That an electric service urgency exists in the geographic area primarily to be served by the proposed electric transmission line; and (2) That the proposed electric transmission line will alleviate the electric service urgency.
22-3-166. (a) The decision of the commission adopting or rejecting the recommendation of the hearing officer, and that decision only, shall constitute the final decision of the commission. Any findings made by the commission, including findings by the hearing officer that are adopted by the commission, shall be conclusive and binding as to all questions of fact. (b) Either party to the commissions proceedings may, within 20 days from the date of the final decision of the commission, but not thereafter, appeal the final decision of the commission to the Superior Court of Fulton County. Said appeal shall be filed with the commission in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, the commission shall, within 30 days of the filing of the notice of appeal with the commission, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken by the administrative determination of the hearing officer, and the final decision of the commission to the clerk of the Superior Court of Fulton County. The costs of certifying and transmitting the record shall be paid by the appellant. Within 20 days after the date of certification and transmittal of the record by the commission to the clerk of the Superior Court of Fulton County, the appellant may file a brief and request a hearing before the court. Upon the appellants failure to file a brief and request a hearing, the court may adjudicate the matter on the record. If the court does not hear the case, or adjudicate the case without a hearing, within 60 days of the date of docketing in the superior court, the final decision of the commission shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain, not to exceed 90 days from the date of continuance, by order of the court. In the event a hearing is held later than 60 days after the date of docketing in the superior court because same has been continued to a date certain, not to exceed 90 days from the date of continuance by order of the court, the final decision of the commission shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law if no

TUESDAY, APRIL 8, 2003

2269

order of the court disposing of the issues on appeal has been entered within 20 days of the date of the hearing. (c) The final decision of the commission shall be affirmed if supported by any evidence, but the court shall set aside the decision if it is found that:
(1) The commission or the hearing officer acted without or in excess of its powers; (2) The decision was procured by fraud; (3) The facts found by the commission, including any facts found by the hearing officer that are adopted by the commission, do not support the decision; (4) There is no evidence in the record to warrant the decision; or (5) The decision is contrary to law. (d) No decision of the commission shall be set aside by the court upon any grounds other than one or more of the grounds stated in subsection (c) of this Code section. Upon the setting aside of any such decision of the commission, the court may recommit the matter to the commission for further hearing or proceedings in conformity with the judgment and opinion of the court, or the court may enter the proper judgment upon the findings, as the nature of the case may demand. (e) Either party who is aggrieved by a judgment entered by the Superior Court of Fulton County upon an appeal from a decision of the commission to the Superior Court of Fulton County may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law.
22-3-167. (a) An electric transmission line company that has obtained a certificate of need for an electric transmission line as provided in this article shall comply with the following requirements before constructing the electric transmission line:
(1) The electric transmission line company shall select a practical and feasible route for the location of the electric transmission line. In selecting the route, the electric transmission line company shall consider existing land uses in the geographic area where the line is to be located, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs associated with the construction, operation, and maintenance of the line. The electric transmission line company shall also take into account any findings made by the hearing officer or the commission pursuant to Code Section 22-3-164 regarding the location of the line; (2) After the electric transmission line company has selected the preferred route for the location of the electric transmission line, the electric transmission line company shall identify the owner of each parcel of land, any portion of which intersects with the route, and shall attempt in good faith to notify each owner that the electric transmission line companys employees, agents, and contractors may need to enter onto the owners land for the purpose of inspecting, surveying, and appraising the property; and (3) The electric transmission line company shall attempt in good faith to negotiate a settlement with each property owner from whom property rights need to be acquired

2270

JOURNAL OF THE HOUSE

for the electric transmission line. In connection with the negotiations, the electric transmission line company shall provide the property owner with a written offer to purchase the property rights, a document that describes the property rights, and an engineering drawing that shows the location of the line on the owners property. (b) Any issues regarding the electric transmission line companys compliance with the requirements of this Code section may be raised and decided in a proceeding before a special master that is brought pursuant to Chapter 2 of this title to condemn property rights for the electric transmission line."
SECTION 3. This Act shall become effective on July 1, 2003, and shall apply only with respect to condemnations filed on or after January 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Butler of the 88th, Post 1 was excused from voting on HB 373.

The following amendment was read and adopted:

Representative Millar of the 52nd moves to amend the Committee substitute to HB 373 as follows:
Page 3, line 5 Add "and route" after "description".

The following amendment was read:

Representative Moraitakis of the 42nd, Post 4 et al. move to amend the Committee substitute to HB 373 as follows:
Page 1, line 19
add after "facilities" ", including substations"
Page 1, line 23

add after "facilities" ", including substations".

TUESDAY, APRIL 8, 2003

2271

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

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

Y Day N Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner N Dukes Y Ehrhart N Elrod Y Epps N Fleming N Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Gardner Y Golick N Graves, D N Graves, T
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 Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins Y Jones Y Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford N Maddox
Mangham Y Manning N Marin Y Martin N Massey Y Maxwell Y McBee N McCall Y McClinton Y Millar Y Mills N Mitchell

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

Y 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
Stephens, R Stephenson N Stokes N 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 N Williams, R N Wix N Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 111, nays 53. The amendment was adopted.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "nay" on

2272 the preceding roll call.

JOURNAL OF THE HOUSE

The following amendment was read:

Representatives Sims of the 130th and Jenkins of the 93rd move to amend the Committee substitute to HB 373 as follows:
Page 6, lines 18, 23, 24 and 26 replace "the Superior Court of Fulton County" with "Any Superior Court in the State of Georgia"
Page 7, lines 20, 21, 22 replace Superior Court of Fulton Co with Any Superior Court in the State of Georgia.

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

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

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

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

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

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

E Coan E Coleman, B N Cooper N Crawford Y Cummings

TUESDAY, APRIL 8, 2003

N Heath Heckstall
N Hembree Y Henson N Hill, C

N McCall McClinton
N Millar N Mills N Mitchell

N Sailor N Scott N Shaw N Sheldon N Sholar

2273
N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 42, nays 123. The amendment was lost.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "nay" on the preceding roll call.

The following amendment was read:

Representative Willard of the 40th et al. move to amend the Committee substitute to HB 373 as follows:
Page 5, line 28 delete line in its entirety, and renumber remaining section below.

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

N Amerson N Anderson Y Ashe N Bannister N Barnard N Barnes N Beasley-Teague Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D

N Day Y Dean N Deloach
Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner N Dukes Y Ehrhart N Elrod N Epps N Fleming N Floyd, H N Floyd, J N Fludd E Forster Y Franklin Y Gardner N Golick

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

Mobley Y Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N 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 Randall N Ray

N Sims Y Sinkfield N Skipper N Smith, B Y Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner Y Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas, A Y Thomas, A.M N Thompson

2274
N Buckner, G N Bunn N Burkhalter N Burmeister
Butler N Campbell
Casas N Chambers N Channell Y Childers E Coan E Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J N Heard, K N Heath N Heckstall N Hembree Y Henson Y Hill, C

N Lucas N Lunsford N Maddox
Mangham Y Manning N Marin N Martin Y Massey N Maxwell Y McBee N McCall
McClinton N Millar N Mills N Mitchell

Y Reece, B N Reece, S N 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 N Sheldon N Sholar

Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland N White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 43, nays 126. The amendment was lost.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "nay" on the preceding roll call.

The following amendment was read:

Representative Willard of the 40th et al. move to amend the Committee substitute to HB 373 as follows:
Page 7 line 24, delete Section 22-3-167 through page 8, line 16.

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

N Amerson N Anderson Y Ashe N Bannister N Barnard N Barnes N Beasley-Teague Y Benfield N Birdsong N Black N Boggs

Y Day Y Dean N Deloach
Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner N Dukes Y Ehrhart

N Hill, C.A N Hill, V Y Hines Y Holmes Y Houston N Howard N Howell N Hudson N Hugley Y Jackson N James

Mobley Y Moraitakis Y Morris
Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal

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

TUESDAY, APRIL 8, 2003

N Elrod N Epps N Fleming N Floyd, H N Floyd, J N Fludd E Forster Y 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 N Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

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

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

2275
Y Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson N Westmoreland N White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 44, nays 123. The amendment was lost.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "nay" on the preceding roll call.

The following amendment was read:

Representative Crawford of the 91st moves to amend the Committee substitute to HB 373 as follows:
On line 19 page 8 after 2004, strike the period add a comma and insert the following language:
"But shall not be implemented until fully funded by the General Assembly."

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

2276

JOURNAL OF THE HOUSE

follows:

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard N Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux N 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
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan E Coleman, B Y Cooper Y Crawford Y Cummings

Y Day N Dean Y Deloach
Dix N Dodson Y Dollar N Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H N Floyd, J N Fludd E 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 Y Heckstall N Hembree Y Henson Y Hill, C

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

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

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T N Smith, V N Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes N Stoner N Teilhet N Teper Y Thomas, A N Thomas, A.M Y Thompson N Twiggs N Walker, L Y Walker, R.L Y 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 121, nays 49. The amendment was adopted.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "aye" on the preceding roll call.

The Committee substitute, as amended, was adopted.

TUESDAY, APRIL 8, 2003

2277

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 N Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges N Brock N Brooks Y Broome Y Brown Y 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 E Coan E Coleman, B N Cooper Y Crawford Y Cummings

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

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

N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q N 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
Randall Y Ray Y 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 N Sailor Y Scott Y Shaw N Sheldon N Sholar

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 N 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 N Walker, R.L Y Warren Y Watson Y Westmoreland N White N Wilkinson N 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 126, nays 44.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Forster of the 3rd, Post 1 would like to be recorded as voting "nay" on

2278 the preceding roll call.

JOURNAL OF THE HOUSE

The Speaker announced the House in recess until 1:35 o'clock this afternoon.

TUESDAY, APRIL 8, 2003 AFTERNOON SESSION

2279

The Speaker Pro Tem called the House to order.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 6. By Senators Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION designating the Earl T. Shinholster Interchange and Bridge; and for other purposes.
SR 23. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
SR 60. By Senator Unterman of the 45th:
A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.
SR 66. By Senator Brown of the 26th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.
SR 67. By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.
SR 69. By Senator Blitch of the 7th:

2280

JOURNAL OF THE HOUSE

A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.
SR 90. By Senators Cagle of the 49th, Hudgens of the 47th and Kemp of the 46th:
A RESOLUTION commending Byrd M. Bruce and designating the Byrd M. Bruce Interchange; and for other purposes.
SR 150. By Senator Lee of the 29th:
A RESOLUTION designating SR 41 in Meriwether County as the Dan and Marie Branch Highway; and for other purposes.
SR 171. By Senators Clay of the 37th, Collins of the 6th and Tanksley of the 32nd:
A RESOLUTION designating the historic Dixie Highway Auto Trail; and for other purposes.
SR 184. By Senator Cheeks of the 23rd:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke Veterans Parkway; and for other purposes;
SR 229. By Senators Meyer von Bremen of the 12th and Golden of the 8th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 236. By Senators Stephens of the 51st, Lee of the 29th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 294. By Senators Seabaugh of the 28th, Lee of the 29th, Brush of the 24th and Crotts of the 17th:

TUESDAY, APRIL 8, 2003

2281

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 require the promulgation of rules and regulations to regulate in the public interest certain contracts and purchases on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require certain bidding procedures, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, monitoring of compliance with the contract or bid, and certain contract provisions relating to failure to comply with bid prices; to require a standard or formula for determining the price in certain circumstances; to repeal conflicting laws; and for other purposes.
SB 159. By Senators Zamarripa of the 36th, Golden of the 8th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for a program of retirement options; to state legislative findings; to provide for development and implementation of options; to provide for concurrent funding and certification of compliance; to provide for restrictions, conditions, and limitations with respect to the filling of positions from which employees retire under such options; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 211. By Senators Adelman of the 42nd and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; 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 107. By Senators Zamarripa of the 36th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and others:

2282

JOURNAL OF THE HOUSE
A RESOLUTION creating the Joint Study Committee on State Retirement Plan Options; 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 159. By Senators Zamarripa of the 36th, Golden of the 8th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for a program of retirement options; to state legislative findings; to provide for development and implementation of options; to provide for concurrent funding and certification of compliance; to provide for restrictions, conditions, and limitations with respect to the filling of positions from which employees retire under such options; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 211. By Senators Adelman of the 42nd and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 236. By Senators Stephens of the 51st, Lee of the 29th and Zamarripa of the 36th:

TUESDAY, APRIL 8, 2003

2283

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; 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 294. By Senators Seabaugh of the 28th, Lee of the 29th, Brush of the 24th and Crotts of the 17th:
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 require the promulgation of rules and regulations to regulate in the public interest certain contracts and purchases on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require certain bidding procedures, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, monitoring of compliance with the contract or bid, and certain contract provisions relating to failure to comply with bid prices; to require a standard or formula for determining the price in certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SR 6.

By Senators Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION designating the Earl T. Shinholster Interchange and Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 23.

By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

2284

JOURNAL OF THE HOUSE

Referred to the Committee on Transportation.

SR 60.

By Senator Unterman of the 45th:
A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 66.

By Senator Brown of the 26th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.

Referred to the Committee on Transportation.

SR 67.

By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.

Referred to the Committee on Transportation.

SR 69.

By Senator Blitch of the 7th:
A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.

Referred to the Committee on Transportation.

SR 90. By Senators Cagle of the 49th, Hudgens of the 47th and Kemp of the 46th:

TUESDAY, APRIL 8, 2003

2285

A RESOLUTION commending Byrd M. Bruce and designating the Byrd M. Bruce Interchange; and for other purposes.

Referred to the Committee on Transportation.

SR 107. By Senators Zamarripa of the 36th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and others:
A RESOLUTION creating the Joint Study Committee on State Retirement Plan Options; and for other purposes.

Referred to the Committee on Rules.

SR 150. By Senator Lee of the 29th:
A RESOLUTION designating SR 41 in Meriwether County as the Dan and Marie Branch Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 171. By Senators Clay of the 37th, Collins of the 6th and Tanksley of the 32nd:
A RESOLUTION designating the historic Dixie Highway Auto Trail; and for other purposes.

Referred to the Committee on Transportation.

SR 184. By Senator Cheeks of the 23rd:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke Veterans Parkway; and for other purposes;

Referred to the Committee on Transportation.

2286

JOURNAL OF THE HOUSE

SR 229. By Senators Meyer von Bremen of the 12th and Golden of the 8th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.

Referred to the Committee on Transportation.

The following Resolutions of the House were read and adopted:

HR 682. By Representative Coleman of the 118th:
A RESOLUTION commending Jimmy Carter, 2002 Nobel Laureate for Peace; and for other purposes.

HR 683. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others:
A RESOLUTION commending Jackie Brown; and for other purposes.

HR 684. By Representatives Boggs of the 145th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Jerry D. Richardson, a CSX Transportation railroad employee at Waycross; and for other purposes.

HR 685. By Representative Keen of the 146th:
A RESOLUTION commending the Glynn County Public Schools Golden Rule Award winners 2002-2003; and for other purposes.

HR 686. By Representatives Harbin of the 80th, Burmeister of the 96th, Fleming of the 79th, Murphy of the 97th, Howard of the 98th and others:
A RESOLUTION recognizing and commending Fort Gordon; and for other purposes.

TUESDAY, APRIL 8, 2003

2287

HR 687. By Representatives Brooks of the 47th and Sailor of the 61st, Post 1:
A RESOLUTION honoring the life of Benjamin Jackson (Ben) Perry, Sr.; and for other purposes.

HR 688. By Representatives Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION commending and congratulating the 2002 Buford High School Wolves; and for other purposes.

HR 689. By Representative Rogers of the 15th: A RESOLUTION commending Cindy Crews; and for other purposes.

HR 690. By Representative Rogers of the 15th: A RESOLUTION commending Laura Fedorchuk; and for other purposes.

HR 691. By Representatives Coleman of the 118th, Royal of the 140th, Smyre of the 111th, Skipper of the 116th, Buck of the 112th and others:
A RESOLUTION recognizing and commending Dr. Norm Moye; and for other purposes.
HR 692. By Representatives Coleman of the 118th, Skipper of the 116th, Buck of the 112th, Parrish of the 102nd, Morris of the 120th and others:
A RESOLUTION expressing regret at the passing of Paul D. Lynch; and for other purposes.
HR 693. By Representatives Martin of the 37th and Burkhalter of the 36th:
A RESOLUTION commending and congratulating the 2002 Ocee Stars; and for other purposes.
HR 694. By Representatives Gardner of the 42nd, Post 3, Buckner of the 109th, Warren of the 99th, Stephenson of the 60th, Post 1, Brown of the 89th and others:

2288

JOURNAL OF THE HOUSE
A RESOLUTION commending the community service boards for their revenue maximization efforts; and for other purposes.

HR 695. By Representative Smith of the 110th:
A RESOLUTION commending Cadet Colonel Amber Stanley; and for other purposes.

HR 696. By Representatives Hembree of the 46th, Westmoreland of the 86th, Coleman of the 118th, Keen of the 146th and Maxwell of the 27th:
A RESOLUTION honoring Randy E. Hallman on the occasion of his retirement; and for other purposes.

HR 697. By Representatives Hembree of the 46th, Westmoreland of the 86th, Coleman of the 118th, Keen of the 146th and Maxwell of the 27th:
A RESOLUTION commending Colonel Cassel J. Nutter, Jr.; and for other purposes.

HR 698. By Representatives Hembree of the 46th, Westmoreland of the 86th, Coleman of the 118th, Keen of the 146th and Maxwell of the 27th:
A RESOLUTION recognizing and commending Helen Meade; 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 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 in certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.

TUESDAY, APRIL 8, 2003 The following Committee substitute was read and adopted:

2289

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 purchasers for property sold in certain judicial and certain nonjudicial sales that are later rescinded; 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 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by inserting a new Code section to be designated Code Section 9-13-172.1 to read as follows:
"9-13-172.1. (a) As used in this Code section, 'eligible sale' means a judicial or nonjudicial sale that was conducted in the ususal manner of a sheriffs sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser. (b) Upon recision of an eligible sale, the seller shall return to the purchaser, within five days of the recision, all bid funds paid by the purchaser. (c) Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale. (d) Where the eligible sale was rescinded due to:
(1) The statutory requirements for the sale not being fulfilled; (2) The default leading to the sale being cured prior to the sale; or (3) The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default, the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

2290

JOURNAL OF THE HOUSE

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

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

Amerson Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Birdsong Y Black Y Boggs 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 Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Day Y Dean Y Deloach
Dix Y Dodson
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
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 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
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
Parham Y Parrish Y Parsons
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.
Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snow Stanley-Turner Y Stephens, E Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Thompson Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson 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 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Royal of the 140th stated that he had been called from the floor of the

TUESDAY, APRIL 8, 2003

2291

House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

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 superintendents office after a primary or election; to provide for petitions to the superior court to defer the counting of ballots under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, is amended by adding a new subsection (h) to Code Section 21-2-379.11, relating to procedure for tabulating direct recording electronic votes, to read as follows:
"(h) The election superintendent shall not close his or her office until all ballots, including absentee ballots, have been counted after the polls close on the day of a primary or election. If it is not possible to count all ballots prior to closing the office of the election superintendent, then the election superintendent shall petition in writing the superior court of the county for an order deferring completion of the counting of ballots. Such petition shall contain information including the reasons ballot counting cannot be concluded, the number of ballots not yet counted, a proposed manner in which to secure all ballots, and the proposed date, time, and location for resuming and completing the counting of ballots. The courts order, if issued, shall specify the conditions under which the counting of ballots shall be completed and the security provisions which shall be made for on counted ballots in the meantime. Such petition and order, if any, shall be filed in the office of the clerk of the superior court of the

2292

JOURNAL OF THE HOUSE

county as soon as practicable after submission to the court. This subsection shall not apply to provisional ballots under Code Section 21-2-419."
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Except as otherwise provided in this Code section, after the close of the polls on the day of the primary or election, a manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. The election superintendent shall not close his or her office until all absentee ballots have been counted after the polls close on the day of a primary or election. If it is not possible to count all absentee ballots prior to closing the office of the election superintendent, then the election superintendent shall petition in writing the superior court of the county for an order deferring completion of the counting of absentee ballots. Such petition shall contain information including the reasons ballot counting cannot be concluded, the number of absentee ballots not yet counted, a proposed manner in which to secure all absentee ballots, and the proposed date, time, and location for resuming and completing the counting of absentee ballots. The courts order, if issued, shall specify the conditions under which the counting of absentee ballots shall be completed and the security provisions which shall be made for on counted absentee ballots in the meantime. Such petition and order, if any, shall be filed in the office of the clerk of the superior court of the county as soon as practicable after submission to the court. This subsection shall not apply to provisional ballots under Code Section 21-2-419."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 21-2-437, relating to count and return of votes generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After the polls close and as soon as all the ballots have been properly accounted for and those outside the ballot box as well as the voters certificates, numbered list of voters, and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place shall be returned to the ballot box for the party for which they were issued. In primaries, separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally

TUESDAY, APRIL 8, 2003

2293

each partys ballot. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. The ballots shall then be counted one by one and a record made of the total number. Then the chief manager, together with such assistant managers and other poll officers as the chief manager may designate, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any; and the other assistant manager and clerks shall carefully enter each vote as read and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person, while handling the ballots, shall have in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast and shall not adjourn or postpone the canvass or computation until it shall have been fully completed, except that, in the discretion of the superintendent, the poll officers may stop the counting after all contested races and questions are counted, provided that the results of these contested races and questions are posted for the information of the public outside the polling place and the ballots are returned to the ballot box and deposited with the superintendent until counting is resumed on the following day. The election superintendent shall not close his or her office until all ballots, including absentee ballots, have been counted after the polls close on the day of a primary or election. If it is not possible to count all ballots prior to closing the office of the election superintendent, then the election superintendent shall petition in writing the superior court of the county for an order deferring completion of the counting of ballots. Such petition shall contain information including the reasons ballot counting cannot be concluded, the number of ballots not yet counted, a proposed manner in which to secure all ballots, and the proposed date, time, and location for resuming and completing the counting of ballots. The courts order, if issued, shall specify the conditions under which the counting of ballots shall be completed and the security provisions which shall be made for on counted ballots in the meantime. Such petition and order, if any, shall be filed in the office of the clerk of the superior court of the county as soon as practicable after submission to the court. This subsection shall not apply to provisional ballots under Code Section 21-2-419."
SECTION 4. Said chapter is further amended by adding a new subsection (h) to Code Section 21-2471, relating to counting vote recorder ballots, to read as follows:
"(h) The election superintendent shall not close his or her office until all ballots, including absentee ballots, have been counted after the polls close on the day of a primary or election. If it is not possible to count all ballots prior to closing the office of the election superintendent, then the election superintendent shall petition in writing the

2294

JOURNAL OF THE HOUSE

superior court of the county for an order deferring completion of the counting of ballots. Such petition shall contain information including the reasons ballot counting cannot be concluded, the number of ballots not yet counted, a proposed manner in which to secure all ballots, and the proposed date, time, and location for resuming and completing the counting of ballots. The courts order, if issued, shall specify the conditions under which the counting of ballots shall be completed and the security provisions which shall be made for on counted ballots in the meantime. Such petition and order, if any, shall be filed in the office of the clerk of the superior court of the county as soon as practicable after submission to the court. This subsection shall not apply to provisional ballots under Code Section 21-2-419."
SECTION 5. Said chapter is further amended by adding a new subsection (i) to Code Section 21-2483, relating to counting of optical scan ballots, to read as follows:
"(i) The election superintendent shall not close his or her office until all ballots, including absentee ballots, have been counted after the polls close on the day of a primary or election. If it is not possible to count all ballots prior to closing the office of the election superintendent, then the election superintendent shall petition in writing the superior court of the county for an order deferring completion of the counting of ballots. Such petition shall contain information including the reasons ballot counting cannot be concluded, the number of ballots not yet counted, a proposed manner in which to secure all ballots, and the proposed date, time, and location for resuming and completing the counting of ballots. The courts order, if issued, shall specify the conditions under which the counting of ballots shall be completed and the security provisions which shall be made for on counted ballots in the meantime. Such petition and order, if any, shall be filed in the office of the clerk of the superior court of the county as soon as practicable after submission to the court. This subsection shall not apply to provisional ballots under Code Section 21-2-419."
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 Day Y Dean Y Deloach Y Dix Y Dodson

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

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

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

TUESDAY, APRIL 8, 2003

Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders N 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
Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner N Golick
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

N Howard Y Howell Y Hudson Y Hugley
Jackson 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 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
Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell
Ralston Y Randall N 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

2295
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Stephens, E 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 Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley-Turner of the 43rd, 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 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

2296

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department 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 provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by striking subsection (k) and inserting in lieu thereof the following:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property or constructed storm water wetland conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors and to the applicable local governing authority as meeting or not meeting the criteria of such Code section."
SECTION 2. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-7.4, relating to bona fide conservation use property and bona fide residential transitional property, and inserting in lieu thereof the following:
"48-5-7.4. (a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this

TUESDAY, APRIL 8, 2003

2297

subsection, as follows: (1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications: (A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owners production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (B) Such property excludes the entire value of any residence located on the property; (C) Such Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by: (i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility; (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or (vii) In the case of constructed storm-water wetlands, any person may own such property. (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:

2298

JOURNAL OF THE HOUSE

(i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended; (E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; and (F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on

TUESDAY, APRIL 8, 2003

2299

official maps prepared by the Federal Emergency Management Agency.; or (G)(1) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 12-2-4 and approved for such use by the local governing authority. (2) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought. (b) The Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetlands, the following additional rules shall apply to the qualification of conservation use property for current use assessment: (1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business; (2) The owner of a tract, lot, or parcel of land totaling less than ten acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any purpose described in subparagraph (a)(1)(E) of this Code section; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property

2300

JOURNAL OF THE HOUSE

unless another method for determining the soil type of the subject property is authorized in writing by such board. (c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such propertys proximity to or location in a transitional area. (d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years. (e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use. (f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant

TUESDAY, APRIL 8, 2003

2301

remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (l) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section. (i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(j)(1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerks office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any

2302

JOURNAL OF THE HOUSE

appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k)(1) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he or she is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, if applicable. (2) The applicable local governing authority shall accept applications for approval of property for purposes of subparagraph (a)(2)(G) of this Code section and shall certify property to the local board of tax assessors as meeting or not meeting the criteria of such paragraph. The local governing authority shall not certify any property as meeting the criteria of subparagraph (a)(2)(G) of this Code section unless:
(A) The owner has submitted to the local governing authority: (i) A plat of the tract in question prepared by a licensed land surveyor, showing the location and measured area of such tract; (ii) A certification by a licensed professional engineer that the specific design used for the constructed storm-water wetland was recommended by the engineer as suitable for such site after inspection and investigation; and (iii) Information on the actual cost of constructing and estimated cost of operating the storm-water wetland, including without limitation a description of all incorporated materials, machinery, and equipment; and
(B) An authorized employee or agent of the local governing authority has inspected the site before, during, and after construction of the storm-water wetland to determine compliance with the requirements of subparagraph (a)(2)(G) of this Code section. (l) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-240 from the date the covenant is breached. (m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (n) The penalty imposed by subsection (l) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain;

TUESDAY, APRIL 8, 2003

2303

(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an owner who was a party to the covenant. (o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if: (1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period. (p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period; or
(4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such persons property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant.

2304

JOURNAL OF THE HOUSE

(q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; or (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors. (r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a statewide basis. (s) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and

TUESDAY, APRIL 8, 2003

2305

Environment, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48-5-7.5. The report shall include the amount of assessed value eliminated from each countys digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commissioner deems relevant. (t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (u) Property which is subject to a covenant under this Code section which was entered into during the taxable year beginning January 1, 1992, may be changed from such covenant and placed in a new covenant for bona fide conservation use under this Code section if such property meets all of the requirements and conditions otherwise specified under this Code section and if the owner files a written request with the board of tax assessors indicating such owners desire to exercise this termination option on or before the last day for the payment of ad valorem taxes in such county for the taxable year beginning January 1, 1993, but not later than December 31, 1993. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under this Code section. No property may be changed under this subsection more than once. Reserved. (v) The commissioner shall continue to compute a table of values established under subsection (a) of Code Section 48-5-269, in accordance with the law applicable to the tax year beginning on January 1, 1992, to be used to value property entered into a covenant during that tax year and the covenants valued thereunder for the remainder of the covenant period applicable to such persons shall be known as '92-Style' conservation use covenants. Such duty shall terminate with the tax year beginning January 1, 2001. With respect to any county for which the 'A2' benchmark value for agricultural land in the table of values established by the commissioner for the tax year beginning on January 1, 1993, exceeds by 50 percent or more the 'C2' benchmark value for cropland in the table of values established by the commissioner for the tax year beginning on January 1, 1992, a person within such county desiring to enter into a conservation use covenant for any taxable year beginning on or after January 1, 1994, shall be authorized, at such persons option, to enter a 92-Style conservation use covenant. A person entering such covenant shall be governed by the prior law applicable to such covenants and the applicable table of values and such covenant shall expire on December 31, 2001. Reserved.

2306

JOURNAL OF THE HOUSE

(w) At such time as the property ceases to be eligible for current use assessment or when any ten-year covenant period expires and the property does not qualify for further current use assessment, the owner of the property shall file an application for release of current use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerks office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (x) Notwithstanding any other provision of this Code section to the contrary, in any case where a renewal covenant is breached by the original covenantor or a transferee who is related to that original covenantor within the fourth degree by civil reckoning, the penalty otherwise imposed by subsection (l) of this Code section shall not apply if the breach occurs during the sixth through tenth years of such renewal covenant, and the only penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for each year in which such renewal covenant was in effect, plus interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached."
SECTION 3. This Act shall become effective on January 1, 2004, and shall apply to all taxable years beginning on or after such date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
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 Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V
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
Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

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
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 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 Y McClinton Y Millar Y Mills Y Mitchell

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 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

2307
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
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 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.

The following Committee substitute was read and adopted:

A BILL To amend Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated,

2308

JOURNAL OF THE HOUSE

relating to creation and validity of express trusts, so as to provide for oral trust agreements for personal property; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, is amended by inserting a new Code section to follow Code Section 53-12-22, relating to the capacity to create an express trust, to read as follows:
"53-12-22.1. (a) This Code section shall apply only with respect to a trust that has or will have as its initial corpus a policy or policies of life insurance insuring the life of the settlor. (b) A trust subject to this Code section may be created by oral agreement of the settlor and the trustee if such oral agreement is evidenced by one or more contemporaneously executed documents dated and signed by the settlor which evidence:
(1) The identity of the settlor; (2) The identity of the trustee; (3) The identity or identities of the beneficiaries and the beneficial shares of the beneficiaries where more than one; (4) The general nature of the policy or policies of insurance which do or will constitute the initial corpus of the trust; and (5) Whether the trust is revocable or irrevocable. (c) A trust created pursuant to this Code section shall terminate six months after its creation unless sooner terminated by the settlor."
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

Y Day Y 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

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

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
Campbell Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 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
Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y 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 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 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
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

2309
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
Twiggs Y Walker, L
Walker, R.L Warren Y Watson Y 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, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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

2310

JOURNAL OF THE HOUSE

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
Campbell Y Casas Y Chambers Y Channell Y Childers E 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 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 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
Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
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
Smith, B 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 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 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. The Bill, having received the requisite constitutional majority, was passed.

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

TUESDAY, APRIL 8, 2003 other purposes.

2311

The following Committee amendment was read and adopted:

The Committee on Regulated Industries offers the following amendment:
Amend HB 645 by striking lines 10 and 11 on page 1 and inserting in lieu thereof the following:
"combination of such products in water, containing not more than 6 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer."

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 N 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 Y Buckner, D
Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler
Campbell

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 N Forster Y Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Harbin

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

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

Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P
Smith, T N 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 N Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland

2312
N Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson Y Hill, C

Y Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

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, as amended, the ayes were 125, nays 26.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The report of the Committee, which was favorable to the 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 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 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 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
Parham Y Parrish Y Parsons
Porter

Sims Y Sinkfield Y Skipper Y Smith, B
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 Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter
Burmeister Y Butler
Campbell Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

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 N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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 Y McCall Y McClinton Y Millar
Mills Y Mitchell

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

2313
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
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 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 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.

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

2314

JOURNAL OF THE HOUSE

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
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
Campbell Y Casas Y Chambers Y Channell Y Childers E 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 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 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
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

Sims Y 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 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
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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

TUESDAY, APRIL 8, 2003 The following Committee substitute was read:

2315

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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, is amended by adding a new Code Section 16-12-2.1 to follow Code Section 16-12-2, relating to smoking in public places, to read as follows:
"16-12-2.1. (a) It shall be unlawful for any person to smoke tobacco in any form in the presence of a child who is in a child passenger restraining system in a passenger automobile, van, or pickup truck if the windows are closed preventing ventilation. (b) A person who violates subsection (a) of this Code section may be fined no more than $15.00; provided, however, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Stokes of the 72nd et al. move to amend the Committee substitute to HB 175 as follows:
On page 1 line 20 after "thereof." add the following:
"No law enforcement officer shall be authorized to effectuate a traffic stop based upon the violation of this code section."

2316

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

Day Y Dean Y Deloach N Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner
Dukes Y Ehrhart N Elrod Y 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 Y Greene N Greene-Johnson N Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes N 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 N Knox Y Lane Y Lewis Y Lord N Lucas N Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey N Maxwell Y McBee N McCall N McClinton Y Millar N Mills Y Mitchell

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

Y Sims N 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson N 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, by substitute, as amended, the ayes were 109, nays 52.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

TUESDAY, APRIL 8, 2003

2317

Representative Massey of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

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; to provide the Department of Human Resources the authority to issue and revoke licenses of adult day centers; to provide access to adult day centers for the Department of Human Resources for the purpose of inspection and investigation; to provide a penalty for noncompliance; to provide a procedure for review of licensure decisions made by the Department of Human Resources; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding after Code Section 49-6-77, relating to rules and regulations to implement Georgia Family Caregiver Support, a new article to read as follows:
"ARTICLE 7
49-6-80. This article shall be known and may be cited as the 'Adult Day Center Licensure Act.'

2318

JOURNAL OF THE HOUSE

49-6-81. The intent of the General Assembly is to promote, safeguard, and protect the well-being of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day services providers. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for promulgating, implementing, and enforcing the licensure regulations.
49-6-82. As used in this article, the term:
(1) 'Adult day care' means the provision of services under a social model, as defined in paragraph (7) of this Code section. (2) 'Adult day center' means a facility that provides adult day care and adult day services, as defined in paragraphs (1) and (3) of this Code section, for compensation,to three or more persons; however, such facility shall not mean an institution or medical facility otherwise licensed under Title 31 that also provides adult day care services. (3) 'Adult day services' means the provision of services under a medical model, defined in paragraph (6) of this Code section. (4) 'Department' means the Department of Human Resources. (5) 'Functionally impaired' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently. (6) 'Medical model' means programs that provide social, rehabilitative, and health services to physically impaired, mentally impaired, or physically and mentally impaired persons aged 60 and over:
(A) To meet the needs of such functionally impaired persons, as defined in paragraph (5) of this Code section; or (B) For the purpose of restoring or maintaining optimal capacity for self care. Such care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Social model' means programs that provide nonmedical care, primarily social and recreational activities, to persons aged 60 and over in need of limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such care shall be based on individual plans of care and shall be provided for less than 24 hours per day.
49-6-83. (a) All adult day centers shall be licensed annually by the department in accordance with procedures, standards, rules, and regulations to be established by the department and approved by the board. The department shall develop and publish standards for licensing adult day centers. The department shall seek the opinions of consumers and providers in the promulgation of these standards, as well as for any future amendments

TUESDAY, APRIL 8, 2003

2319

to these standards. (b) Application for a license shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license and upon presentation by the applicant of evidence that the adult day center meets the standards prescribed by the department, the department shall issue such adult day center a license for a one-year period. (c) The department shall assist applicants or licensees in meeting standards of the department and, if a licensee is for any reason denied renewal of a license, a license is revoked, or any applicant for a license cannot meet department standards, the department shall assist in planning the placement of adults, if any, in alternative arrangements. (d) If the department finds that any adult day center applicant does not meet the standards prescribed by the department but is attempting to meet such standards, the department may, in its discretion, issue a temporary license to such adult day center, but such temporary license shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such center is making progress toward meeting prescribed standards of the department, the department may, in its discretion, reissue such temporary license for one additional period not to exceed one year. As an alternative to a temporary license, the department, in its discretion, may issue a restricted license which states the restrictions on its face. (e) The department shall refuse a license upon a showing of:
(1) Noncompliance with the rules and regulations for adult day centers as adopted by the department which are designated in writing to the facilities as being related to adults health and safety; (2) Flagrant and continued operation of an unlicensed center in contravention of the law; or (3) Prior license denial or revocation within one year of application. (f) All licensed adult day centers shall prominently display the license issued to such center by the department at some point near the entrance of the premises of such center that is open to view by the public. (g) The departments action revoking or refusing to renew or issue a license required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that 30 days notice in writing from the departments designee shall be required prior to license revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any person who will testify at that hearing. (h) It shall be the duty of the department to inspect at regular intervals all licensed adult day centers within the state. The department shall have the right of entrance, privilege of inspection, and right of access to all adults under the care and control of the licensee. (i) If any flagrant abuses, dereliction, or deficiencies are made known to the

2320

JOURNAL OF THE HOUSE

department or its duly authorized agents during their inspection of any adult day center or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require. (j) If abuses, dereliction, or deficiencies are found in the operation and management of any adult day center, they shall be brought immediately to the attention of the management of such center; and if correctable, but not corrected within a reasonable time, the department shall revoke the license or commission of such agency in the manner prescribed in this Code section. (k) The department may require periodic reports from adult day centers in such forms and at such times as the department may prescribe. (l) Any adult day center that shall operate without a license issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license shall constitute a separate offense. (m) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of an adult day center in willful violation of this article or of any regulation or order of the department.
49-6-84. (a) Unless otherwise provided, any person who violates the provisions of Code Section 49-6-83 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that persons official duties in making inspections as provided in Code Section 49-6-83 or in investigating complaints as provided in Code Section 49-6-83 shall be guilty of a misdemeanor.
(b)(1) Any person who: (A) Violates any licensing provision of this chapter; any rule, regulation, or order issued under this chapter; or any term, condition, or limitation of any license certificate under this chapter and is thereby subjecting an adult in care to injury or a life-threatening situation; or (B) Commits any violation for which a license certificate may be revoked under rules or regulations issued pursuant to this chapter
may be subject to civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing of:
(A) The date, facts, and nature of each act or omission with which the person is charged; (B) The specific Code section, rule, regulation, order, or license certificate limitation involved in the violation; and (C) Each penalty and the amount which the department proposes to impose for each

TUESDAY, APRIL 8, 2003

2321

penalty. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund."
SECTION 2. (a)(1) For purposes of promulgating rules and regulations, Section 1 of this Act shall become effective on July 1 of the fiscal year in which this Act becomes effective as provided in paragraph (3) of this subsection. (2) For all other purposes, Section 1 of this Act shall become effective July 1 of the fiscal year following the year in which this Act becomes effective as provided in paragraph (3) of this subsection. (3) Section 1 of this Act shall become effective only upon the specific appropriation of funds for purposes of such section including without limitation those positions necessary for implementation as expressed in an appropriations Act enacted by the General Assembly. (b) All sections of this Act other than Section 1 shall become effective July 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

2322

JOURNAL OF THE HOUSE

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 Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N 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
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N 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 N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin N 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 Y Rice Y Richardson Y Roberts, J Y 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 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 163, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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

TUESDAY, APRIL 8, 2003 programs and operations; and for other purposes.

2323

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-1-4 of the Official Code of Georgia 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, is amended by striking the Code section and inserting in lieu thereof the following:
"45-1-4. (a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations. (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance. (1)(3) 'Public employee' means any person who is employed by the office of the Governor, the executive, judicial, or legislative branch of the state, or by any other department, board, bureau, commission, authority, or other agency of the state except the office of the Governor, the judicial branch, or the legislative branch. This term also includes all public school employees as defined in paragraph (3) of Code Section 20-2-910, employees, officials, or administrators of any agency covered under the State Merit System of Personnel Administration, and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (2)(4) 'Public employer' means the office of the Governor, the executive, judicial, or legislative branch of the state and, or any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the office of the Governor, the judicial branch, or the legislative branch, or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a

2324

JOURNAL OF THE HOUSE

public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment. (6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee; (B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or (C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency. (2) No public employer shall retaliate against a public employee for disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure or threatened disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation. (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law.

TUESDAY, APRIL 8, 2003

2325

(e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court.
(e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law. (f) A court may award reasonable attorneys fees, court costs, and expenses to a prevailing public employee. (g) Nothing in this Code section shall apply to institutions or facilities permitted or licensed under Title 31."
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
Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
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 Y 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
Porter Y Powell

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

2326
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 E 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 Y Henson Y Hill, C

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 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 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 Y 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.

Representative Douglas of the 73rd 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 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.

The report of the Committee, which was favorable to the 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 Y Dean Y Deloach

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

Y Mobley Y Moraitakis Y Morris

Y Sims Y Sinkfield Y Skipper

TUESDAY, APRIL 8, 2003

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 N Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart N 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 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
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 Y Orrock Y Parham Y Parrish Y Parsons
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 Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

2327
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 165, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 309. By Representative Twiggs of the 8th:
A BILL to amend Code Section 36-62-5.1of 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.

The following substitute, offered by Representatives Westmoreland of the 86th and Smith of the 129th, Post 2, was read and adopted:

2328

JOURNAL OF THE HOUSE

A BILL
To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to revise a definition; to authorize the creation and activation of a joint development authority for a county of this state and a contiguous county of an adjoining state; to provide that sports facilities and amphitheaters are authorized as projects for development authorities in certain circumstances; to permit an authority or political subdivision to operate certain sports facilities and amphitheaters; 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 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended in Code Section 36-62-2, relating to definitions, by striking subparagraph (H) of paragraph (6) and inserting in lieu thereof the following:
"(H) The acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with:
(i) Sports facilities, including private training and related office and other facilities when authorized by the governing authority of the political subdivision or municipal corporation in which the facility is to be constructed and maintained if such sports facilities promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events; (ii) Convention or trade show facilities; (iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing; (iv) Facilities for the local furnishing of electric energy or gas; (v) Facilities for the furnishing of water, if available, on reasonable demand to members of the general public; and (vi) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention, sports, or trade show facilities. No project as defined by this division shall be exempt from any ad valorem taxation; and (vii) Amphitheaters with seating capacity exceeding 1,000 patrons and any facilities directly related to the operation of such amphitheaters, if such amphitheaters promote trade, commerce, industry, and employment opportunities by hosting regional, state-wide, or national events;".
SECTION 2. Said chapter is further amended in Code Section 36-62-5.1, relating to joint development authorities, by striking subsection (a) and inserting in lieu thereof the following:
"(a) By proper resolution of the local governing bodies, an authority may be created and activated by:

TUESDAY, APRIL 8, 2003

2329

(1) Any two or more municipal corporations; (2) Any two or more counties; or (3) One or more municipal corporations and one or more counties.; or (4) Any county in this state and any contiguous county in an adjoining state."
SECTION 3. Said chapter is further amended by striking Code Section 36-62-7, relating to the prohibition of operation of projects by the authority or a political subdivision and the sale or lease of a project for operation, and inserting in lieu thereof the following:
"36-62-7. No project acquired under this chapter shall be operated by an authority or any municipal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to, or managed by, one or more persons, firms, or private corporations. Any disposition of real property by an authority pursuant to paragraph (7) of Code Section 36-62-6 shall be made to one or more persons, firms, corporations, or governmental or public entities. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale or management must be entered into prior to or simultaneously with the issuance of the bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter or the acquisition and development of land by an authority as the site for a sports facility or amphitheater in accordance with Code Section 36-62-2 and the operation of such a sports facility or amphitheater shall not be deemed to be the operation of a project and, notwithstanding anything in this chapter to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale or management as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. If the project is managed, the management contract must contain a term not less than the final maturity date of any bonds or other obligations of the authority to provide financing for the managed project and must provide that all costs of operating and maintaining the managed project, including all management fees payable under the management contract, shall be paid solely from the revenues of the managed project and from the proceeds of any bonds or other obligations of the authority to provide financing for the managed project. Any such management contract may contain provisions allowing the authority to terminate the management contract, but if the authority exercises any right to terminate a management contract, it must immediately enter into another management contract meeting the requirements of this Code section."

2330

JOURNAL OF THE HOUSE

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 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 E 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
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
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 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
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
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 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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by

substitute.

TUESDAY, APRIL 8, 2003

2331

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.

The following Committee substitute was read and adopted:

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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such cases, the amount offered by any local governing authority shall not exceed the aggregate amount of $25,000.00."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2332

JOURNAL OF THE HOUSE

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 E 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
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 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 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
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 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
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 171, nays 0. The Bill, having received the requisite constitutional majority, was passed, by

substitute.

TUESDAY, APRIL 8, 2003

2333

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.

The report of the Committee, which was favorable to the 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
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

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
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
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
Mangham Y Manning Y Marin Y Martin Y 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
Parham Y Parrish Y Parsons
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 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

2334
E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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.

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.

The report of the Committee, which was favorable to the 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 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 Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
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 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 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 Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

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 Y Heckstall Y Hembree Y Henson Y Hill, C

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 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

2335
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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, APRIL 8, 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 08, 2003, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 591

Judge Jim Weeks Intersection; designate

DEBATE CALENDAR

HB 181 HB 380 HB 531
HB 814 HB 845

Public Revenue Code; conform to federal law Flag; nonbinding state-wide referendum Ad valorem tax; preferential assessment; environmentally contaminated property Hunting; alligators and certain other wildlife; amend regulations Hunting deer with dogs; permits; prohibition

2336

JOURNAL OF THE HOUSE

HB 893

Tobacco product manufacturers; certification; prohibit sale of certain cigarettes

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 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.
The following Committee substitute was read and adopted:
A RESOLUTION
Designating the Keith Kalland Interchange; and for other purposes.
WHEREAS, Keith Kalland will be long remembered by Atlantans and the countless commuters who valued the daily traffic reports from this wonderful voice in the sky; and
WHEREAS, he was known as the "King of Alternates" given his extraordinary knowledge of all the possible roadways that drivers might use to avoid the tremendous traffic snarls confronting metro commuters at all hours of the day; and
WHEREAS, his wonderful wit and clever lines always seemed to ease the irritation of most drivers as they dealt with the "ubiquitous ladder in the road" hazards and the constant reminder that "You have all weekend to get home"; and
WHEREAS, in addition to his marvelous traffic reports, Keith was a dedicated volunteer

TUESDAY, APRIL 8, 2003

2337

for the March of Dimes, Muscular Dystrophy Association, and American Diabetes Association; and this very popular guy was a dear father to two very fortunate sons, Robbie and John, and he found time to give back to his community and state in many meaningful ways.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange for Interstate 85 and SR 316 be designated as the Keith Kalland Interchange in memory of this highly respected traffic safety reporter, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the connector.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Kalland family and to the Commissioner of Transportation.

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

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 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

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

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

2338

JOURNAL OF THE HOUSE

Y 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
Buckner, G Y Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dooley Y Douglas Y Drenner
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 Y Henson Y Hill, C

Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan
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
Mitchell

Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish Y Parsons
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 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 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 Resolutions, the ayes were 160, nays 1. The Resolutions, having received the requisite constitutional majority, were adopted.

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 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

TUESDAY, APRIL 8, 2003

2339

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.

The report of the Committee, which was favorable to the 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
Casas N Chambers Y Channell Y Childers E 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
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 N Hill, C

Y Hill, C.A Y Hill, V
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
Mangham Manning Y Marin Y Martin N 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
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 Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C N 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 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 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, the ayes were 159, nays 7.

2340

JOURNAL OF THE HOUSE

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

Representatives Manning of the 32nd and Maxwell of the 27th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for preferential assessment of environmentally contaminated property; to change certain provisions regarding definitions; to change certain provisions regarding assessment of property; to provide for procedures, conditions, and limitations regarding preferential assessment of environmentally contaminated property; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended in Code Section 48-5-2 by adding a new subparagraph at the end of paragraph (3), to be designated subparagraph (F), to read as follows:
"(F) Fair market value of 'brownfield property' as such term is defined in subsection (a) of Code Section 48-5-7.6 means:
(i) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the first ten years in which the property is classified as 'brownfield property,' the value equal to the lesser of the acquisition cost of the property or the appraised

TUESDAY, APRIL 8, 2003

2341

fair market value of the property as recorded in the county tax digest at the time application was made to the Environmental Protection Division of the Department of Natural Resources for participation under Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (ii) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-57.6, for the eleventh and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
SECTION 2. Said article is further amended in Code Section 48-5-7, relating to assessment of tangible property, by adding a new subsection immediately following subsection (c.3), to be designated subsection (c.4), to read as follows:
"(c.4) Tangible real property which qualifies as brownfield property pursuant to the provisions of Code Section 48-5-7.6 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the propertys fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of brownfield property pursuant to the provisions of subparagraph (F) of paragraph (3) of Code Section 48-52."
SECTION 3. Said article is further amended by adding a new Code section immediately following Code Section 48-5-7.5, to be designated Code Section 48-5-7.6, to read as follows:
"48-5-7.6. (a)(1) For the purposes of this Code section, 'brownfield property' means tangible real property where: (A) There has been a release of hazardous waste, hazardous constituents, and hazardous substances into the environment; and (B) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, has approved and not revoked said approval of the prospective purchasers corrective action plan or compliance status report for such brownfield property; and (C) The director of the Environmental Protection Division of the Department of Natural Resources, under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, has issued and not revoked a limitation of liability certificate for the prospective purchaser; and (D) The Environmental Protection Division of the Department of Natural Resources has certified eligible costs of remediation pursuant to subsection (j) below. (2) The preferential classification and assessment of brownfield property provided for in this Code section shall apply to all real property qualified by the Environmental

2342

JOURNAL OF THE HOUSE

Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended, and any subsequent improvements to said property. (3) 'Eligible brownfield costs' means costs incurred after July 1, 2003, and directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended, that are not ineligible costs. (4) 'Ineligible costs' means expenses of the following types:
(A) Purchase or routine maintenance of equipment of a durable nature that is expected to have a period of service of one year or more after being put into use at the property without material impairment of its physical condition, unless the applicant can show that the purchase was directly related to the receipt of a limitation of liability, or the applicant can demonstrate that the equipment was a total loss and that the loss occurred during the activities required for receipt of applicants limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (B) Materials or supplies not purchased specifically for obtaining a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (C) Employee salaries and out-of-pocket expenses normally provided for in the property owners operating budget (i.e. meals, fuel) and employee fringe benefits; (D) Medical expenses; (E) Legal expenses; (F) Other expenses not directly related to the receipt of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act,' as amended; (G) Costs arising as a result of claims for damages filed by third parties against the property owner or its agents should there be a new release at the property during or after the receipt of a limitation of liability; (H) Costs resulting from releases after the purchase of qualified brownfield property that occur as a result of violation of state or federal laws, rules, or regulations; (I) Purchases of property; (J) Construction costs; (K) Costs associated with maintaining institutional controls after the certification of costs by the Environmental Protection Division of the Department of Natural Resources; and (L) Costs associated with establishing, maintaining or demonstrating financial assurance after the certification of costs by the Environmental Protection Division of the Department of Natural Resources. (5) 'Local taxing authority' means a county, municipal, school district, or any other local governing authority levying ad valorem taxes on a taxpayers property. If a taxpayers property is taxed by more than one such authority, the term 'local taxing

TUESDAY, APRIL 8, 2003

2343

authority' shall mean every levying authority. (6) 'Taxable base' means a value assigned to the brownfield property pursuant to the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2. (7) 'Tax savings' means the difference between the amount of taxes paid on the taxable base and the taxes that would otherwise be due on the current fair market value of the qualified brownfield property. Tax savings run with the qualified brownfield property regardless of title transfer and shall be available until the brownfield property is disqualified pursuant to subsection (e) below. (b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.4) of Code Section 48-5-7, the applicant must receive the certifications required for brownfield property as defined in paragraph (1) of subsection (a) of this Code section. (c) Upon receipt of said certifications, a property owner desiring classification of any such contaminated property as brownfield property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with, and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 90 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Failure to timely make such determination or so notify the applicant pursuant to this subsection shall be deemed an approval of the application. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (d)(1) Property which has been classified by the county board of tax assessors as brownfield property shall be immediately eligible for the preferential assessment provided for in subsection (c.4) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility. (2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment. (3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the

2344

JOURNAL OF THE HOUSE

'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation 'brownfield property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2. (e)(l) When property has once been classified and assessed as brownfield property, it shall remain so classified and be granted the preferential assessment until the property becomes disqualified by any one of the following:
(A) Written notice by the taxpayer to the local taxing authority to remove the preferential classification and assessment; (B) Sale or transfer of ownership to a person not subject to property taxation or making the property exempt from property taxation except a sale or transfer to any authority created by or pursuant to the Constitution of Georgia, statute or local legislation, including a development authority created pursuant to Code Section 3662-4, constitutional amendment or local legislation, a downtown development authority created pursuant to Code Section 36-42-4, an urban redevelopment agency created pursuant to Code Section 36-61-18, a joint development authority created pursuant to Code Section 36-62-5.1 or a housing authority created pursuant to Code Section 8-3-4; (C) Revocation of a limitation of liability by the Department of Natural Resources. The Department of Natural Resources has the authority to revoke a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as brownfield property, except as specified in subparagraph (B) of this paragraph; or (D) The expiration of ten years during which the property was classified and assessed as brownfield property; or (E) The tax savings accrued on the property equal the eligible brownfield costs certified by the Environmental Protection Division of the Department of Natural Resources and submitted to the local taxing authority. (2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to subparagraph (C) of this subsection, the decertification shall be transmitted to the county board of tax assessors by the Environmental Protection Division of the Department of Natural Resources and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs. (f) After a qualified brownfield property begins to receive preferential tax treatment the

TUESDAY, APRIL 8, 2003

2345

property owner shall: (1) In a sworn affidavit, report his or her tax savings realized for each year to the local taxing authority. Such report shall include: (A) The number of years preferential tax treatment pursuant to this Code section has been received; (B) Total certified eligible brownfield costs; (C) Tax savings realized to date; (D) Transfers of eligible brownfield costs, if any; (E) Eligible brownfield costs remaining; (2) In the tax year in which the taxes otherwise due on the fair market value of the property exceed any remaining eligible brownfield costs, the taxpayer shall pay the taxes due on the fair market value of the property less any remaining eligible brownfield costs.
(g) A qualified brownfield property may be transferred or leased and continue to receive preferential tax treatment if:
(1) The transferee or lessee of the property is an entity required to pay ad valorem property tax on the qualified brownfield property or an interest therein; (2) The transferee or lessee complies with all of the requirements of this Code section; (3) The transferee or lessee meets the requirements of Code Section 12-8-206; (4) The transferee or lessee continues any and all activities, if any are required, for the continuation of a limitation of liability pursuant to Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended; (5) The transferee or lessee and the transferor notify the local taxing authority with respect to the transfer of the qualified brownfield property by filing a separate copy of the transfer with the local taxing authority no later than 90 days following the date of the transfer; (6) Failure to timely notify one local taxing authority shall not affect any timely notification to any other local taxing authority; and (7) The transfer of property shall not restart, reset or otherwise lengthen the period of preferential tax treatment pursuant to this Code section. (h) A qualified brownfield property may be subdivided into smaller parcels and continue to receive preferential tax treatment if: (1) All of the requirements of subsection (g) above are met; and (2) The transferee and transferor agree and jointly submit to the local taxing authority a sworn affidavit stating the eligible brownfield costs being transferred to the subdivided property, to wit:
(A) A transferor's report to the local taxing authority shall include: (i) The total certified eligible brownfield costs for the qualified brownfield property; (ii) The tax savings realized to date; (iii) The eligible brownfield costs being transferred; (iv) The number of years of preferential tax treatment pursuant to this Code

2346

JOURNAL OF THE HOUSE

section has been received; (v) The eligible brownfield costs remaining; (vi) A request to establish the taxable base of the transferred property and reestablish the taxable base for the retained property pursuant to paragraph (3) below. (B) Failure to file a sworn affidavit with one local taxing authority shall not affect any sworn affidavit submitted to any other local taxing authority. (C) A transferees first report to the local taxing authority shall include: (i) A statement of the amount of the transferred eligible brownfield costs; (ii) The number of years of preferential tax treatment the property received prior to transfer (carry over from transferor); and (iii) A request to establish a taxable base for the property pursuant to paragraph (3) below. (D) Subsequent reports made by a transferee shall include the same information provided by property owners in paragraph (1) of subsection (f) of this Code section. (3) The taxable base for the subdivided property shall be established by the local taxing authority based on the ratio of acres purchased to total acres at the time of the establishment of the taxable base for the entire qualified brownfield property. Said ratio shall be applied to the taxable base as recorded in the county tax digest at the time the application was received by the Environmental Protection Division for participation in the Hazardous Site Reuse and Redevelopment Program. The taxable base on the retained qualified brownfield property shall be decreased by the amount of taxable base assigned to the subdivided portion of the property. (4) The subdivision of property shall not restart, reset, or otherwise lengthen the period of preferential tax treatment pursuant to this Code section. (i) In the year in which preferential tax treatment ends, the taxpayer shall be liable for any and all ad valorem taxes due on the property for which a certified eligible brownfield cost is not claimed as an offset. (j) The Environmental Protection Division of the Department of Natural Resources shall review the eligible costs submitted by the applicant/taxpayer and shall approve or deny those costs prior to those costs being submitted to the local tax authority. Eligible costs to be certified as accurate by the Environmental Protection Division shall be submitted by the applicant to the division at such time and in such form as is prescribed by the division. Eligible costs may be submitted for certification only once for each assessment or remediation undertaken pursuant to Article 9 of Chapter 8 of Title 12, the 'Hazardous Sites Reuse and Redevelopment Act, as amended. The certification of costs shall be a decision of the director and may be appealed in accordance with subsection (c) of Code Section 12-2-2. (k) The taxing authority shall provide an appropriate form or forms or space on an existing form or forms to implement this Code section. (1) Taxpayers shall have the same rights to appeal from the determination of the taxable base and assessments and reassessments of qualified brownfield property as set out in Code Section 48-5-311.

TUESDAY, APRIL 8, 2003

2347

(m) A penalty shall be imposed under this subsection if during the special classification period the taxpayer fails to abide by the corrective action plan. The penalty shall be applicable to the entire tract which is the subject of the special classification and shall be twice the difference between the total amount of tax paid pursuant to preferential assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the special classification period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the special classification is breached. (n) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such preferential assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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 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 Y Parsons
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

2348
Y Brown 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 E 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 Y Henson Y Hill, C

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 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 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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 616. By Representative Parham of the 94th:
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.

The following amendments were read and adopted:

Representatives Massey of the 24th, Powell of the 23rd, and Parham of the 94th move to amend HB 616 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for certain use and revision of drivers operating records; to change certain provisions relating to examination of applicants; to change certain provisions relating to restrictions on ability of courts to change or modify traffic law sentences or judgments; to provide an".

TUESDAY, APRIL 8, 2003

2349

By striking lines 7 and 8 of page 1 and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-27, relating to examination of applicants, and inserting in lieu thereof the following:".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting after Section 1 the following:
"SECTION 2. Said title is further amended by striking Code Section 40-13-32, relating to restrictions on ability of courts to change or modify traffic law sentences or judgments, and inserting in lieu thereof the following:
'40-13-32. (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements:
(1) A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment; (2) Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and (3) A hearing is held with opportunity for the state to be heard. (b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met. (c) Except for orders correcting clerical errors, the Department of Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a drivers history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section. Whenever a certified copy of a change or modification order is submitted to the department in strict compliance with the requirements of subsections (a) and (b) of this Code section, the department shall upon receipt of such order revise its record of the drivers history accordingly, and any suspension or revocation of a drivers license or assessment of points based upon a vacated judgment shall be void from the beginning. (d) In the case of municipal courts, notice to the city attorney, or to the solicitor in

2350

JOURNAL OF THE HOUSE

those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for in this Code section. (e) In all cases wherein notice is required in this Code section, same shall be deemed sufficient if sent by certified mail or statutory overnight delivery, return receipt requested, with adequate postage thereon, to the correct address of the prosecuting official. (f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as provided in this Code section.'".

Representative Bannister of the 70th, Post 1 et al. move to amend HB 616 by striking lines 1 and 2 on page 1 and inserting in their place the following:
"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 that no on-the-road driving test is required of".
By adding after the word and symbol "state;" on line 3 of page 1 the following:
"to change the length of Georgia residency required to obtain a veterans license;".
By striking lines 7 and 8 on page 1 and inserting in their place the following:
"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 Code Section 40-5-27, relating to examination of applicants, and inserting in its place the following:".
By adding after line 11 on page 3 a new Section 2 to read as follows:
"Said article is further amended by striking subparagraph (1) of subsection (c) of Code Section 40-5-36, relating to veterans licenses, honorary licenses, and other distinctive licenses, and inserting in its place the following:
'(1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least five two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when

TUESDAY, APRIL 8, 2003

2351

personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and'".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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 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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach N Dix Y Dodson Y Dollar N 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
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 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 N 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
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
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
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 Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

2352

JOURNAL OF THE HOUSE

On the passage of the Bill, as amended, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative 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 Speaker assumed the Chair.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to exempt teachers desiring to transfer to Georgia from other states from certain examinations 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 20-2-200.1 to read as follows:
"20-2-200.1. The commission shall not require a teacher from another state desiring to transfer to this state to take a test of specific subject matter or a test of broad general knowledge, as

TUESDAY, APRIL 8, 2003

2353

required by Code Section 20-2-200, to obtain a renewable certificate if such teacher: (1) Holds a valid, professional state educators certificate or license from a state that is a party to the National Association of State Directors of Teacher Education and Certification Interstate Contract; and (2) Has a minimum of five years of satisfactory appraisals or ratings on any annual performance evaluations."
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
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 Y Cooper

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar
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
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree

Y Hill, C.A Y Hill, V
Hines Y Holmes Y Houston Y Howard
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 Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee N McCall Y McClinton Y Millar

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

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 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

2354
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Crawford of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

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; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:
"9-13-36. (a) Except as otherwise provided in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any

TUESDAY, APRIL 8, 2003

2355

execution, issued without the judgment of a court, under any current or future law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such persons residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) Subsection (a) of this Code section shall not apply with respect to any execution issued for state, county, or municipal taxes or any execution issued by any tax commissioner, tax receiver, or tax collector."
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 N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y 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
Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster

Y Hill, C.A 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 N Keen N Knox

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 Y Parsons Y Porter N 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
Stokes Y Stoner Y Teilhet Y Teper

2356
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler Y Campbell N Casas Y Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 118, nays 51.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

Representative Smith of the 110th 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 bill of the Senate:
SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as

TUESDAY, APRIL 8, 2003

2357

to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; 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 311. By Senators Johnson of the 1st, Lamutt of the 21st, Balfour of the 9th, Price of the 56th, Williams of the 19th and others:
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 owners acquisition thereof; to provide for valuation increases; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 210. By Senators Crotts of the 17th, Lamutt of the 21st, Dean of the 31st, Starr of the 44th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for eligibility of students who attend home study programs for extracurricular programs offered at public schools under certain conditions; to provide for conditions of eligibility; to provide for transportation; to provide for policies consistent with those for public school students; to provide for ineligibility; to prohibit certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 280. By Senators Kemp of the 3rd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, so as to provide that a member of the armed forces on ordered military duty abroad may terminate or suspend liability insurance on each motor vehicle registered to him or her; to provide for a form of reporting to

2358

JOURNAL OF THE HOUSE

the Department of Motor Vehicle Safety; to provide that such person shall ensure that the motor vehicle will not be operated until insurance is restored; to provide for the restoration of insurance; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 301. By Senators Levetan of the 40th, Adelman of the 42nd, Unterman of the 45th, Tate of the 38th, Jackson of the 50th and others:
A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for persons with disabilities, so as to provide that a person may obtain a special license plate for his or her parent; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 277. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.
SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 333. By Senators Thomas of the 54th, Lee of the 29th, Price of the 56th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to provide for

TUESDAY, APRIL 8, 2003

2359

a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and implementation of a vaccination program contingent upon such funding; 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 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
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 schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 291. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; to repeal conflicting laws; and for other purposes.

2360

JOURNAL OF THE HOUSE

SB 336. By Senators Thomas of the 54th, Price of the 56th, Thomas of the 10th, Mullis of the 53rd, Moody of the 27th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for legislative findings; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 346. By Senators Collins of the 6th, Meyer von Bremen of the 12th, Lee of the 29th, Squires of the 5th and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; to repeal conflicting laws; and for other purposes.
SB 136. By Senators Butler of the 55th, Henson of the 41st, Levetan of the 40th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay the operating costs until June 20, 2008; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 283. By Senators Adelman of the 42nd, Balfour of the 9th, Reed of the 35th, Henson of the 41st, Clay of the 37th and others:
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 special motor vehicle license plates, so as to provide for special plates to promote "Share the Road" messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists; to provide for the design and issuance of such plates; to provide for fees; to provide for reports and intent with respect to funds; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution

TUESDAY, APRIL 8, 2003

2361

of the Senate:
SR 55. By Senators Tolleson of the 18th, Kemp of the 46th, Hudgens of the 47th, Zamarripa of the 36th, Price of the 56th and others:
A RESOLUTION creating the Joint Study Committee on Prescription Drugs for Seniors; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 175. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to clarify the provisions relating to oral scientific reports; to make such article applicable to sentencing hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 262. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers licenses, so as to provide that the department shall accept a military identification card from an applicant for a drivers license; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
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 prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.
SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the

2362

JOURNAL OF THE HOUSE

withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 1.

By Senators Harp of the 16th, Williams of the 19th, Mullis of the 53rd, Clay of the 37th, Seabaugh of the 28th and others:

A RESOLUTION proposing an amendment to the Constitution so as to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipients religious affiliation, belief, practice, or lack thereof provided that no such public money shall be used for sectarian worship, instruction, or proselytization; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 240. By Senator Clay of the 37th:

A RESOLUTION urging the Governor to create a commission in cooperation with the Governor of South Carolina to study the feasibility of creating a Joint Port Authority for the Port of Savannah; and for other purposes.

SR 308. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Lamutt of the 21st and Clay of the 37th:

A RESOLUTION to create the Joint Study Committee on Location of Electric Transmission Lines; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 265. By Senators Thomas of the 10th and Thomas of the 54th:

A BILL to be entitled an Act to amend Code Section 31-11-53.2 of the Official Code of Georgia Annotated, relating to the use of automated external defibrillators by lay rescuers, so as to require the registration of automated external defibrillators with the Georgia Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 266. By Senators Meyer von Bremen of the 12th and Price of the 56th:

TUESDAY, APRIL 8, 2003

2363

A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia 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; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 293. By Senators Hamrick of the 30th and Stokes of the 43rd:
A BILL to be entitled an Act 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; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 312. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners and operators of property which is damaged by graffiti; to provide that such compensation may be in the form of cash compensation or services or materials or a combination thereof; to provide for the establishment of such programs by ordinance; to authorize the Department of Community Affairs to provide assistance and to authorize the funding of grants; to authorize the requirement of restitution in criminal sentences; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 313. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners of property which is damaged by graffiti; to provide the manner of compensation; to authorize the requirement of restitution in criminal sentences; 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 O.C.G.A., relating to penal

2364

JOURNAL OF THE HOUSE

institutions, so as to change certain provisions relating to use of inmates for private gain; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 317. By Senators Bulloch of the 11th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, 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, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
SB 344. By Senators Zamarripa of the 36th, Golden of the 8th, Smith of the 25th and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to provide for a consumer driven health plan (CDHP) for employees of the State of Georgia; to define CDHP design requirements; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 244. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A.,

TUESDAY, APRIL 8, 2003

2365

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 provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 264. By Senators Stokes of the 43rd and Balfour of the 9th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for the licensing of community living arrangements by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 348. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Adelman of the 42nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to scrap tire disposal and storage, so as to provide that each county and municipality in the state shall adopt and enforce an ordinance regulating the storage of used tires; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
SB 282. By Senators Cheeks of the 23rd, Harp of the 16th, Tolleson of the 18th, Harbison of the 15th and Levetan of the 40th:

2366

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; to repeal conflicting laws; and for other purposes.
SB 338. By Senators Hill of the 4th, Dean of the 31st and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to distribution of campaign contributions, so as to provide that ordinary and necessary expenses shall include expenses which, in the determination of the candidate or public officer, are incidental to the candidates campaign for public office or the public officers fulfillment or retention of such office; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 342. By Senators Unterman of the 45th, Johnson of the 1st, Harbison of the 15th, Shafer of the 48th and Henson of the 41st:
A BILL to be entitled an Act 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 220. By Senators Hamrick of the 30th, Hill of the 4th and Johnson of the 1st:
A RESOLUTION creating the Improvement of the HOPE Scholarship Joint Study Commission; and for other purposes.
SR 226. By Senators Smith of the 52nd, Price of the 56th, Tolleson of the 18th, Lamutt of the 21st, Mullis of the 53rd and others:
A RESOLUTION requesting that the Congressional Delegation of the State of Georgia work to pass President Bush's 2003 Economic Growth and Tax Relief Plan; and for other purposes.

TUESDAY, APRIL 8, 2003

2367

SR 232. By Senators Harp of the 16th, Johnson of the 1st, Price of the 56th, Mullis of the 53rd and Squires of the 5th:
A RESOLUTION declaring support for a missile defense system; and for other purposes.
SR 35. By Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others:
A RESOLUTION creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; 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 136. By Senators Butler of the 55th, Henson of the 41st, Levetan of the 40th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay the operating costs until June 20, 2008; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 175. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to clarify the provisions relating to oral scientific reports; to make such article applicable to sentencing hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

2368

JOURNAL OF THE HOUSE

SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
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 schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; 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 210. By Senators Crotts of the 17th, Lamutt of the 21st, Dean of the 31st, Starr of the 44th, Williams of the 19th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for eligibility of students who attend home study programs for extracurricular programs offered at public schools under certain conditions; to provide for conditions of eligibility; to provide for transportation; to provide for policies consistent with those for public school students; to provide for ineligibility; to prohibit certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 244. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., 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 provide a limitation on the total number of semester hours

TUESDAY, APRIL 8, 2003

2369

or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 262. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers licenses, so as to provide that the department shall accept a military identification card from an applicant for a drivers license; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 264. By Senators Stokes of the 43rd and Balfour of the 9th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for the licensing of community living arrangements by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 265. By Senators Thomas of the 10th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-11-53.2 of the

2370

JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to the use of automated external defibrillators by lay rescuers, so as to require the registration of automated external defibrillators with the Georgia Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 266. By Senators Meyer von Bremen of the 12th and Price of the 56th:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia 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; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 277. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 280. By Senators Kemp of the 3rd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official

TUESDAY, APRIL 8, 2003

2371

Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, so as to provide that a member of the armed forces on ordered military duty abroad may terminate or suspend liability insurance on each motor vehicle registered to him or her; to provide for a form of reporting to the Department of Motor Vehicle Safety; to provide that such person shall ensure that the motor vehicle will not be operated until insurance is restored; to provide for the restoration of insurance; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
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 prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 283. By Senators Adelman of the 42nd, Balfour of the 9th, Reed of the 35th, Henson of the 41st, Clay of the 37th and others:
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 special motor vehicle license plates, so as to provide for special plates to promote "Share the Road" messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists; to provide for the design and issuance of such plates; to provide for fees; to provide for reports and intent with respect to funds; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 291. By Senator Hill of the 4th:

2372

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 293. By Senators Hamrick of the 30th and Stokes of the 43rd:
A BILL to be entitled an Act 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; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 301. By Senators Levetan of the 40th, Adelman of the 42nd, Unterman of the 45th, Tate of the 38th, Jackson of the 50th and others:
A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for persons with

TUESDAY, APRIL 8, 2003

2373

disabilities, so as to provide that a person may obtain a special license plate for his or her parent; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 312. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners and operators of property which is damaged by graffiti; to provide that such compensation may be in the form of cash compensation or services or materials or a combination thereof; to provide for the establishment of such programs by ordinance; to authorize the Department of Community Affairs to provide assistance and to authorize the funding of grants; to authorize the requirement of restitution in criminal sentences; 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 313. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners of property which is damaged by graffiti; to provide the manner of compensation; to authorize the requirement of restitution in criminal sentences; 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 O.C.G.A., relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; to provide for related matters; to repeal conflicting laws; and for other purposes.

2374

JOURNAL OF THE HOUSE

Referred to the Committee on Special Judiciary.

SB 317. By Senators Bulloch of the 11th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, 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, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 333. By Senators Thomas of the 54th, Lee of the 29th, Price of the 56th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to provide for a vaccination program for emergency responders who may be exposed to

TUESDAY, APRIL 8, 2003

2375

infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and implementation of a vaccination program contingent upon such funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 336. By Senators Thomas of the 54th, Price of the 56th, Thomas of the 10th, Mullis of the 53rd, Moody of the 27th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for legislative findings; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 344. By Senators Zamarripa of the 36th, Golden of the 8th, Smith of the 25th and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to provide for a consumer driven health plan (CDHP) for employees of the State of Georgia; to define CDHP design requirements; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and

2376

JOURNAL OF THE HOUSE
carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 346. By Senators Collins of the 6th, Meyer von Bremen of the 12th, Lee of the 29th, Squires of the 5th and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 348. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Adelman of the 42nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the

TUESDAY, APRIL 8, 2003

2377

Official Code of Georgia Annotated, relating to scrap tire disposal and storage, so as to provide that each county and municipality in the state shall adopt and enforce an ordinance regulating the storage of used tires; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SR 1.

By Senators Harp of the 16th, Williams of the 19th, Mullis of the 53rd, Clay of the 37th, Seabaugh of the 28th and others:
A RESOLUTION proposing an amendment to the Constitution so as to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipients religious affiliation, belief, practice, or lack thereof provided that no such public money shall be used for sectarian worship, instruction, or proselytization; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Appropriations.

SR 55.

By Senators Tolleson of the 18th, Kemp of the 46th, Hudgens of the 47th, Zamarripa of the 36th, Price of the 56th and others:
A RESOLUTION creating the Joint Study Committee on Prescription Drugs for Seniors; and for other purposes.

2378

JOURNAL OF THE HOUSE

Referred to the Committee on Rules.

SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.

Referred to the Committee on Rules.

SR 240. By Senator Clay of the 37th:
A RESOLUTION urging the Governor to create a commission in cooperation with the Governor of South Carolina to study the feasibility of creating a Joint Port Authority for the Port of Savannah; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

SR 308. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Lamutt of the 21st and Clay of the 37th:
A RESOLUTION to create the Joint Study Committee on Location of Electric Transmission Lines; and for other purposes.

Referred to the Committee on Rules.

SR 311. By Senators Johnson of the 1st, Lamutt of the 21st, Balfour of the 9th, Price of the 56th, Williams of the 19th and others:
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 owners acquisition thereof; to provide for valuation increases; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this

TUESDAY, APRIL 8, 2003 amendment for ratification or rejection; and for other purposes.

2379

Referred to the Committee on Ways & Means.

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 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.

Representative Ehrhart of the 28th moved that HB 670 be recommitted to the Committee on Judiciary.

Representative Smyre of the 111th moved the previous question.

The following amendment was read and adopted:

Representative Stokes of the 72nd moves to amend HB 670 as follows: Page 1 line 3 replace "17" with "16". Page 2 line 10 replace "17" with "16".

2380

JOURNAL OF THE HOUSE

Page 4 line 15 replace "17" with "16".

The following amendment was read:

Representative Mobley of the 58th and Stephenson of the 60th, Post 1 move to amend HB 670 as follows:
Page 4 after line 25 insert:
Such youth who are convicted of said felonies on lines 16 - 18 and confined in a Juvenile Justice System shall be housed in a segregated section of the facility.

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 Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks
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 Childers Y Coan

Y Day Y Dean Y Deloach Y Dix Y Dodson
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 N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y 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 Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall

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 Y Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray
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 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
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

TUESDAY, APRIL 8, 2003

Y Heckstall Y Hembree Y Henson N Hill, C

Y McClinton Y Millar Y Mills Y Mitchell

Y Scott Shaw
Y Sheldon Y Sholar

2381
Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 157, nays 11. The amendment was adopted.

Representative Bordeaux of the 125th moved that HB 670 be placed upon the table.

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

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

Y Day N Dean Y Deloach N Dix N Dodson Y Dollar N 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 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
Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard Y Howell N Hudson N Hugley N Jackson N James N 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 N Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley Y Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N 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.
Royal Y Rynders N Sailor Y Scott Y Shaw Y Sheldon N Sholar

Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y 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 Y 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 N Williams, R N Wix Y Yates
Coleman, Speaker

2382

JOURNAL OF THE HOUSE

On the motion, the ayes were 99, nays 75. 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 678 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 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.

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 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

TUESDAY, APRIL 8, 2003

2383

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.

The following Committee substitute was read:

A BILL
To provide for certain determinations with respect to the state flag of Georgia; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the state flag; to provide for the holding of a referendum election to determine whether the qualified electors of the State of Georgia desire a further change in the state flag; to further amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for certain flag designs; to provide that if a majority of the voters at said referendum election favor a change in the state flag, such flag designs shall be submitted to the voters at another referendum election; to provide that the choice of the voters at such second referendum election shall determine the state flag; to provide for legislative findings; to provide for legislative control and review with respect to the choice of a state flag; to provide for related matters; to provide for effectiveness of provisions and the dates thereof; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
(a) Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words 'Georgia's History' and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally

2384

JOURNAL OF THE HOUSE

spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the 'Stars and Stripes' or the '1777 Flag'; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the 'Pre-1879 Georgia State Flag'; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase 'In God We Trust' shall be written in the blue section and in the same gold color as the state seal. be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy two-thirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review." (b) This Section 1-1 and Sections 1-2 and 1-3 of this Act shall become effective upon approval of this Act by the Governor or upon this Acts becoming law without such approval.
SECTION 1-2. (a) It shall be the duty of the Secretary of State to issue the call for the referendum election provided under this part to determine whether the qualified electors of the State of Georgia desire that the state flag adopted under Section 1-1 of this Act be changed. The Secretary of State shall conduct the referendum election as provided in this part on the date of the 2004 presidential preference primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law. (b) The ballot at the referendum election provided under this part shall have displayed or printed thereon the following:

TUESDAY, APRIL 8, 2003

2385

"( ) YES ( ) NO

Should the State of Georgia keep the current state flag adopted at the 2003 session of the Georgia General Assembly? Vote 'YES' if you favor keeping the current state flag. If a majority vote 'YES' the state will keep the current flag. If a majority vote 'NO' there will be another election for the voters to choose between the pre-1956 state flag and the

post-1956 state flag."

The Secretary of State shall include a picture of the state flag adopted under Section 1-1 of this Act in an appropriate position on the ballot to assist the voters and facilitate the voting process. All persons desiring to vote in favor of the proposition shall vote "Yes." All persons desiring to vote against the proposition shall vote "No." (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.

SECTION 1-3. If a majority of the votes cast at the referendum election provided for in Section 1-2 of this Act are in favor of the keeping the current state flag, then Part II of this Act shall not become effective. If a majority of the votes cast at the referendum election provided for in Section 1-2 of this Act are opposed to keeping the current state flag, then Part II of this Act shall become effective.

PART II SECTION 2-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. consist of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contains the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag

2386

JOURNAL OF THE HOUSE

is commonly known as the 'Pre-1956 Georgia State Flag.' Every force of the organized militia shall carry this flag when on parade or review."
SECTION 2-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. contain a vertical band of blue occupying one-third of the entire flag nearest to the flagstaff. The remainder of the space shall be a square, two-thirds the length of the flag, having a red background with a broad saltire of blue bordered with white on which 13 white mullets or five-pointed stars, corresponding in number to that of the Confederate States of America as recognized by the Confederate States Congress, are emblazoned; so that such remainder shall be the same as the union of the flag of the Confederate States as approved and cited in Statutes at Large of the Confederate States Congress, 1st and 2nd Sessions, 1862-63, 1863-64, and approved May 1, 1863, such remainder being popularly known as the Battle Flag of the Confederacy. On the blue field shall be stamped, painted, or embroidered the coat of arms of the state. Such flag is commonly known as the 'Post-1956 Georgia State Flag.' Every force of the organized militia shall carry this flag when on parade or review."
SECTION 2-3. (a) It shall be the duty of the Secretary of State to issue the call for the referendum election provided under this part to determine whether the qualified electors of the State of Georgia desire that Section 2-1 or Section 2-2 of this Act become effective. The Secretary of State shall conduct the referendum election as provided in this part on the date of the 2004 general primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law. (b) The ballot at the referendum election provided under this part shall have displayed or printed thereon the following:
"( ) PRE-1956 FLAG VOTE FOR ONLY ONE CHOICE: shall the flag of ( ) POST-1956 FLAG Georgia be changed to the design commonly referred to
as the pre-1956 flag or to the design commonly referred to as the post-1956 flag?"

TUESDAY, APRIL 8, 2003

2387

The Secretary of State shall include pictures of the pre-1956 flag and the post-1956 flag in appropriate positions on the ballot to assist the voters and facilitate the voting process. (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification. (d) If a majority of the votes cast are in favor of the pre-1956 flag, then Section 2-1 of this Act shall become effective on May 1, 2005, and Section 2-2 of this Act shall be of no force or effect. If a majority of the votes cast are in favor of the post-1956 flag, then Section 2-2 of this Act shall become effective on May 1, 2005, and Section 2-1 of this Act shall be of no force or effect.
PART III SECTION 3-1.
(a) The General Assembly finds and determines that under our form of government, where the people rule and where the representatives in the legislature are but the agents of the people, when the wishes of the people as to whether a proposed Act should become law can be clearly ascertained by an election, this mode is consonant with the genius and form of our government. The General Assembly recognizes that it can neither delegate its powers nor bind future legislatures but believes that the submission to the voters of definite and complete propositions with their effectiveness contingent on the voice of the voters and the outcome subject to further legislative enactment is constitutionally permissible. (b) The provisions of Part II of this Act may operate according to their terms without further action by the General Assembly, but the General Assembly shall retain the authority to deal with the subject matter of this Act by further legislative Act; and the General Assembly intends that the subject matter of this Act may be subject to further legislative review at the 2005 session of the General Assembly or thereafter as deemed appropriate by the General Assembly.
SECTION 3-2. In the event any section or subsection of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections or subsections of this Act, which shall remain in full force and effect as if the section or subsection so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions hereof would be declared or adjudged invalid or unconstitutional.
SECTION 3-3. All laws and parts of laws in conflict with this Act are repealed.

2388

JOURNAL OF THE HOUSE

The Speaker asked that further consideration of HB 380 be suspended.

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 N Black N 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 E Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

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 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 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 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 Y Lord Y Lucas N Lunsford 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

Y Mobley Y Moraitakis Y Morris Y Mosby Y 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 Y Porter N Powell Y Purcell N Ralston Y Randall Y 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 Y Sholar

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L Y 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 Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson N 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 N Williams, R Y Wix N Yates
Coleman, Speaker

On the motion, the ayes were 80, nays 98. The motion was lost.

Representative Shaw of the 143rd moved the previous question.

Representative Sinkfield of the 50th moved that HB 380 be placed upon the table.

TUESDAY, APRIL 8, 2003

2389

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 N Benfield N Birdsong N Black N Boggs N 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 E 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 Y Dean N Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
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

Y Hill, C.A Y Hill, V N Hines Y Holmes N Houston N 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
Lane N Lewis Y Lord Y Lucas N Lunsford N 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

Y Mobley N Moraitakis N Morris Y Mosby N 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 N 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
Rynders Y 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 Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y 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
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A
Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the motion, the ayes were 55, nays 118. The motion failed.

Representative Benfield of the 56th, Post 1 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Beasley-Teague of the 48th, Post 2 moved that the House do now adjourn.

2390

JOURNAL OF THE HOUSE

On the motion, 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 N 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 E 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 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 N Harrell N Heard, J N Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston N Howard
Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis N Lord Y Lucas N Lunsford N Maddox Y Mangham N Manning
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 Y Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal
Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N 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

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V
Smyre N Snow
Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper N 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 motion, the ayes were 37, nays 134. The motion was lost.

On the motion to order the previous question, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard

Y Day N Dean Y Deloach Y Dix Y Dodson

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

N Mobley Y Moraitakis Y Morris N Mosby Y Mosley

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

TUESDAY, APRIL 8, 2003

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

Y 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 Y 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

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 Y Porter Y 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 N Sailor Y Scott Y Shaw Y Sheldon Y Sholar

2391
Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes N Stoner Y Teilhet N Teper N Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 131, nays 46. The motion prevailed.

The following amendment was read:

Representatives Parsons of the 29th, Rogers of the 20th, and Bannister of the 70th, Post 1 move to amend the Committee substitute to HB 380 by striking lines 19 through 28 of page 2 and inserting in lieu thereof the following:
"as the state seal. be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag. The top horizontal band shall be red and shall occupy two-thirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting

2392

JOURNAL OF THE HOUSE

of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. The words 'IN GOD WE TRUST' shall appear in the blue field in white block letters beneath the circle of stars on a horizontal line. Every force of the organized militia shall carry this flag when on parade or review.'"

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

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

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

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

Y Mobley N Moraitakis N Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal
Orrock N Parham N Parrish Y Parsons Y Porter N Powell N Purcell N Ralston N Randall N Ray N 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 N Sailor Y Scott Y Shaw N Sheldon N Sholar

N Sims 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 N Stephenson N Stokes N Stoner N Teilhet
Teper N Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L Y Warren N Watson N Westmoreland N White N 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 41, nays 128. The amendment was lost.

TUESDAY, APRIL 8, 2003 The following amendment was read:

2393

Representative Mosby of the 59th, Post 3 moves to amend the Committee substitute to HB 380 by striking lines 4 through 9 of page 1 and inserting in lieu thereof the following:
"qualified electors of the State of Georgia desire a further change in the state flag; 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; to provide an exception for museum display; to provide for legislative findings;".
By striking in their entirety lines 14 through 19 of page 3.
By striking in their entirety Sections 2-1, 2-2, and 2-3 of Part II.
By inserting a new Section 2-1 of Part II to read as follows:
"SECTION 2-1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by inserting at the end thereof the following:
'50-3-12. (a) The United States of America has on several occasions been brutally attacked without provocation by her enemies. On September 11, 2001, terrorists hijacked American civilian aircraft and flew them into the World Trade Center and the Pentagon. On December 7, 1941, the Japanese launched a brutal surprise attack against American forces at Pearl Harbor, Hawaii. On April 12, 1861, gunners of what would evolve into the Army of the Confederate States of America bombarded and ultimately forced the capitulation of a United States garrison at Fort Sumter, South Carolina. The General Assembly is proud of the fact that Georgia was one of the thirteen states that founded the United States of America and today stands proud in her defense against all enemies. It is the intent of the General Assembly that no symbol identified with a nation or entity that has ever prosecuted a war against our beloved country ever be a part of our state image. (b) Any other provision of law to the contrary notwithstanding, on and after July 1, 2003, no flag or banner which is substantially similar in appearance to or which depicts the 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. No such flag or banner shall be flown or displayed on any state property or institution; provided, however, that this subsection shall not prohibit the display of historic flags in a bona fide museum setting on state property.'".

2394

JOURNAL OF THE HOUSE

By striking in its entirety the Part III designation, Sections 3-1 and 3-2, and by redesignating Section 3-3 as Section 2-2.

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 Y Barnes Y Beasley-Teague Y 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 Y Buckner, D Y Buckner, G N Bunn E 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 Y Dean N Deloach N Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps
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 Hill, C.A Y Hill, V N Hines Y Holmes N Houston N 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 N Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N 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 Y 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 Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y 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 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 61, nays 116. The amendment was lost.

The following amendment was read:

TUESDAY, APRIL 8, 2003

2395

Representative Bruce of the 45th et al. move to amend the Committee substitute to HB 380 by striking lines 1 through 12 of page 1 and inserting in lieu thereof the following:
"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; to provide for membership and the appointment of members; to provide for duties; to provide that such commission shall propose to the General Assembly two designs for a new state flag; to provide for related matters; to repeal conflicting laws; and for other purposes."
By striking in their entirety Part I, Part II, and Part III, including Sections 1-1, 1-2, 1-3, 21, 2-2, 2-3, 3-1, 3-2, and 3-3.
By inserting new Sections 1 and 2 to read as follows:
"SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by inserting at the end thereof the following:
'50-3-12. (a) There is created the Georgia State Flag Design Commission to be composed of 12 members. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint four members. One member appointed by each such officer shall represent the business community and one shall be a student in a Georgia high school, college, or university. The appointing officers shall ensure a racial, geographical, and age balance among the membership and shall endeavor to appoint members with differing views of the propriety of using the Confederate battle flag as a symbol of this state. (b) The commission shall solicit opinions and design options from the citizens of this state, making every effort to include citizens from all parts of the state, and not later than December 31, 2003, shall present to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives two alternative designs for a state flag. Such designs may be accompanied by an explanation of the symbolism expressed in each design. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than 20 days unless additional days are authorized. The

2396

JOURNAL OF THE HOUSE

commission shall stand abolished on December 1, 2003.'
SECTION 2. 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 Y 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 Y Buckner, D Y Buckner, G N Bunn E 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 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 N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper N 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 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 Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N 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 Y 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 Y Smyre N 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 N Twiggs N Walker, L N Walker, R.L
Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E
Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 65, nays 111. The amendment was lost.

TUESDAY, APRIL 8, 2003 The following amendment was read:

2397

Representative Fludd of the 48th, Post 4 moves to amend the Committee substitute to HB 380 by striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
"second referendum election shall determine the state flag; to".
By striking in its entirety Section 3-1.
By redesignating Sections 3-2 and 3-3 as Sections 3-1 and 3-2, respectively.

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 Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown
Bruce N Buck Y Buckner, D Y Buckner, G N Bunn E 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 Y Dean N Deloach
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 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 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 N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N 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 Y 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 Y Smyre N 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 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 Y Wix N Yates
Coleman, Speaker

2398

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 64, nays 112. The amendment was lost.

The following amendment was read:

Representative Sailor of the 61st, Post 1 moves to amend the Committee substitute to HB 380 as follows:
By inserting the word "non-binding" after the word "another" on line 8, page 1; by deleting the fourth "the" on line 2, page 5, and inserting in lieu thereof the word "nonbinding"; by inserting the word "non-binding" after the word "that" on line 6, page 5; by inserting the word "non-binding" at the beginning of line 15 on page 5; and, by deleting lines 17 through 21 on page 5.

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

Y 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 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 Hill, C.A Y Hill, V N Hines
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 N Manning Y Marin N Martin N Massey

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y 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 Y Smyre N 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 N Warren Y Watson N Westmoreland N White N Wilkinson

N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

TUESDAY, APRIL 8, 2003

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

N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

N Royal N Rynders Y Sailor N Scott N Shaw N Sheldon N Sholar

2399
Y 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 70, nays 106. The amendment was lost.

The following amendment was read:

Representative Williams of the 128th moves to amend the Committee substitute to HB 380 by striking lines 19 through 25 of page 1 and lines 1 through 28 of page 2 and inserting lieu thereof the following:
"'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960.

2400

JOURNAL OF THE HOUSE

And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review.'".

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 Y Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck Y Buckner, D N Buckner, G N Bunn E 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 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 N Hanner N Harbin N Harper N 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 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 Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q
Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. N Royal
Rynders Y 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 Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner Y 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 Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 59, nays 117. The amendment was lost.

TUESDAY, APRIL 8, 2003 The following amendment was read:

2401

Representative Murphy of the 97th moves to amend the Committee substitute to HB 380 by striking lines 1 through 12 of page 1 and inserting in lieu thereof the following:
"To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking in their entirety Parts I, II, and III including Sections 1-1, 1-2, 1-3, 2-1, 2-2, 23, 3-1, 3-2, and 3-3.
By inserting new Sections 1, 2, and 3 to read as follows:
"SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by striking subsection (a) of Code Section 503-1, relating to the description of the state flag, and inserting in lieu thereof new subsections (a) and (a.1) to read as follows:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgia's History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting consist of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; Flag." to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-

2402

JOURNAL OF THE HOUSE

pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal.'
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
Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce N Buck Y Buckner, D Y Buckner, G N Bunn E 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 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 Y Floyd, H N Floyd, J
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 Y 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 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 N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton Y Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston
Randall N Ray N 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 Y Sailor Y Scott N Shaw N Sheldon Y Sholar

Y 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 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 N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

TUESDAY, APRIL 8, 2003 On the adoption of the amendment, the ayes were 70, nays 105. The amendment was lost.

2403

The following amendment was read:

Representative Stephenson of the 60th, Post 1 moves to amend the Committee substitute to HB 380 by striking lines 26 and 27 of page 2 and inserting in lieu thereof the following:
"of the great seal containing the coat of arms of the state. Every force of the organized militia shall carry this flag".

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 Y 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 Y Buckner, D Y Buckner, G N Bunn E Burkhalter N Burmeister N Butler N Campbell N Casas
Chambers N Channell N Childers

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 N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston N 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 N Manning Y Marin N Martin
Massey N Maxwell Y McBee

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston
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. N Royal N Rynders

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 Y 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

2404
N Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Heath Y Heckstall N Hembree Y Henson N Hill, C

N McCall Y McClinton N Millar N Mills Y Mitchell

Y Sailor N Scott Y Shaw N Sheldon N Sholar

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

On the adoption of the amendment, the ayes were 62, nays 113. The amendment was lost.

Representative Noel of the 44th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Mangham of the 62nd moves to amend the Committee substitute to HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following:
"To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, so as to repeal the description of the state flag; to provide that the only flag permitted to fly over any state property or institution shall be the flag of the United States of America; to provide an exception; 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 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to

TUESDAY, APRIL 8, 2003

2405

the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. Any other provision of law to the contrary notwithstanding, the only flag authorized to be flown or displayed on state property or at any state institution shall be the flag of the United States of America; provided, however, that this subsection shall not prohibit the display of historic flags in a bona fide museum setting; and provided, further, that the POW MIA flag may be displayed where otherwise authorized.'
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 Y Barnes

N Day Y Dean N Deloach N Dix N Dodson N Dollar

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

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J

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

2406

JOURNAL OF THE HOUSE

Y Beasley-Teague Y Benfield N Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck Y Buckner, D Y Buckner, G N Bunn E 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 Dooley N Douglas Y Drenner Y Dukes Y 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

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
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

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 N Ray N 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 Y Sailor N Scott Y Shaw N Sheldon N Sholar

N Smith, T N Smith, V
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 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 Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 64, nays 112. The amendment was lost.

The following amendment was read:

Representative Stokes of the 72nd et al. move to amend the Committee substitute to HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following:
"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; to provide for a referendum to determine the wishes of the qualified electors with respect to the flag adopted; to provide for an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, APRIL 8, 2003

2407

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. (a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words "IN GOD WE TRUST" which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and which seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review.'

2408

JOURNAL OF THE HOUSE

SECTION 2. It shall be the duty of the Secretary of State to issue the call for an advisory referendum election to determine whether the qualified electors of the State of Georgia desire that the state flag adopted by Section 1 of this Act be retained. The Secretary of State shall conduct the referendum election as provided in this section on the date of the 2004 presidential preference primary. The Secretary of State shall issue the call and conduct that referendum as provided by general law. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall display the 2003 state flag, in color, and shall have written thereon the following:
'( ) YES Should the current state flag adopted by the General Assembly at its ( ) NO 2003 session which bears the national motto "In God We Trust" be
retained as the state flag of the State of Georgia?'

All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' The Secretary of State shall certify the results of the referendum election to the Governor and the General Assembly.
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. "

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 Y Barnes Y Beasley-Teague Y Benfield

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

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

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

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

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

TUESDAY, APRIL 8, 2003

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 N Graves, T Y 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 Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N 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 N McCall Y McClinton N Millar N Mills Y Mitchell

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

2409
Y Smyre N 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 N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson Y 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 76, nays 100. The amendment was lost.

The following amendment was read:

Representative Smyre of the 111th et al. move to amend the Committee substitute to HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following:
"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; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the

2410

JOURNAL OF THE HOUSE

description of the state flag, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. (a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words "IN GOD WE TRUST" which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state, and which seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed."

TUESDAY, APRIL 8, 2003

2411

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

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

N Day Y Dean N 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 N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y 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 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
Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall N McClinton Y Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall
Ray N 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 Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y 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 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 N Westmoreland N White N Wilkinson Y 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 75, nays 101. The amendment was lost.

The following amendment was read:

Representative Wix of the 33rd, Post 1 et al. move to amend the Committee substitute to HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof

2412

JOURNAL OF THE HOUSE

the following:
"To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, so as to repeal the description of the state flag; to provide that the only flag permitted to fly over any state property or institution shall be the flag of the United States of America; to authorize designation of a flag by executive order; to provide an exception; 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 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every

TUESDAY, APRIL 8, 2003

2413

force of the organized militia shall carry this flag when on parade or review. Any other provision of law to the contrary notwithstanding, the only flag authorized to be flown or displayed on state property or at any state institution shall be the flag of the United States of America unless the Governor by executive order designates a flag which may be used by the organized militia and flown or displayed on state property and at state institutions. This subsection shall not, however, prohibit the display of historic flags in a museum setting.'
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 Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck Y Buckner, D Y Buckner, G N Bunn E Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers

N Day Y Dean N 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 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 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 N Manning Y Marin N Martin N Massey N Maxwell Y McBee

Y Mobley Y Moraitakis
Morris Y Mosby N 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 Y Powell N Purcell N Ralston Y Randall N Ray N 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

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 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

2414
N Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Sailor N Scott Y Shaw N Sheldon Y Sholar

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

On the adoption of the amendment, the ayes were 72, nays 104. The amendment was lost.

Representative Borders of the 142nd moved that the House reconsider its action in failing to adopt the Wix amendment.

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

Y Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black N 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 E Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N 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 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 N Graves, T Y 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 Hill, C.A Y Hill, V N Hines Y Holmes Y 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 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
Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish Y Parsons N Porter Y Powell N Purcell N Ralston Y Randall N Ray N 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 Y Sailor N Scott Y Shaw N Sheldon Y Sholar

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 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 N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

TUESDAY, APRIL 8, 2003 On the motion, the ayes were 81, nays 96. The motion was lost.

2415

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 N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N 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 N Buckner, G Y Bunn E 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 N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H 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 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 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 Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton N Millar Y Mills N Mitchell

N Mobley N Moraitakis Y Morris N Mosby Y Mosley 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 Y Porter Y 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 N Sailor N 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 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 Y Twiggs Y Walker, L Y Walker, R.L Y 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

2416

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 111, nays 67.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; 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. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding a new Code Section 35-334.1 to read as follows:
"35-3-34.1. (a) It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law. (b) As used in this Code section, the term:
(1) 'Authorized agency' means any local government agency designated to report,

TUESDAY, APRIL 8, 2003

2417

receive, or disseminate information under the NCPA and the VCA. (2) 'Care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. (3) 'FBI' means the Federal Bureau of Investigation. (4) 'National criminal history background check' means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee. (5) 'NCPA' means the 'National Child Protection Act of 1993' (Pub. L. 103-209), as amended. (6) 'ORI' means an originating agency identifier. (7) 'Provider' means:
(A) A person who: (i) Is employed by or volunteers with a qualified entity; (ii) Owns or operates a qualified entity; or (iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and
(B) A person who: (i) Seeks to be employed by or volunteer with a qualified entity; (ii) Seeks to own or operate a qualified entity; or (iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.
(8) 'Qualified entity' means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. (9) 'VCA' means the 'Volunteers for Children Act' (Pub. L. 105-251). (c) An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA. (d) An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30, must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center. (e) National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency. (f) The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check. (g) An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the providers fitness to have responsibility for the safety and well-

2418

JOURNAL OF THE HOUSE

being of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity. (h) The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check. (i) Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law. (j) The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks."
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 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 Day 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 Y Floyd, J
Fludd Y Forster E Franklin Y Gardner Y Golick Y Graves, D Y Graves, T

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

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J
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 Sims 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 Thomas, A.M Y Thompson Y Twiggs Y Walker, L

E Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

TUESDAY, APRIL 8, 2003

Y Greene Greene-Johnson Hanner
Y Harbin Y Harper Y Harrell Y Heard, J
Heard, K Heath Heckstall Y Hembree Y Henson Y Hill, C

Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Mitchell

Y Rice Richardson
Y Roberts, J Roberts, L
Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott Shaw Y Sheldon Y Sholar

2419
Y Walker, R.L Warren
Y Watson Y Westmoreland Y White Y 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 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Cooper of the 30th 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 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.

The report of the Committee, which was favorable to the 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

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

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

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

2420
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 E 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

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

Jackson James Y Jamieson Y Jenkins Y Jones Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell McBee Y McCall 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
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
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Snow Stanley-Turner Stephens, E Stephens, R Stephenson
Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A 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 Williams, A Williams, E Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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:
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.

The following Committee substitute was read and adopted:

TUESDAY, APRIL 8, 2003

2421

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 for exemptions from the prohibition against disturbing certain archeological, aboriginal, prehistoric, or historic sites; to provide for authorized collecting of certain submerged finds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2)(A) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except; (B) Except for human remains and burial objects, subparagraph (A) of this paragraph shall not apply to the collecting of artifacts exposed on the surface of dry land; and (C) Nothing in this subsection shall prohibit the collecting of isolated submerged finds of chipped stone tools or edged weapons in the Flint or Chattahoochee River by a person 16 years of age or older pursuant to a license issued by the department for such purpose. A child under 16 years of age shall not be issued such a license but may collect such isolated submerged finds when he or she is accompanied by a person licensed under this subparagraph. All such collecting activity shall be limited to zones established by the department at locations where river access may be obtained through state owned or controlled real property adjoining such river, and the department shall specify annual periods during which collecting in such zones may occur. Any person finding any submerged artifact in any such zone shall report such finding to the department within 72 hours. The department may charge a license fee as established by rule or regulation of the Board of Natural Resources in such amount as is reasonable and necessary to cover the costs of administration for purposes of this subparagraph. For purposes of this subparagraph, the term 'isolated submerged finds' means artifacts that have become displaced from their archaeological context because of erosion or water currents and are not considered of archaeological significance because they have become isolated from their sites of origin and are not within an archaeological, aboriginal, prehistoric, or historic site;"

2422

JOURNAL OF THE HOUSE

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

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

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

Y 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 E 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 N Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster E Franklin Y Gardner
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 Hill, C.A Hill, V
Y Hines Holmes
Y Houston Howard
Y Howell Y Hudson
Hugley Jackson James Y Jamieson Y Jenkins Y Jones Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Mitchell

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J
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
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders 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
Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas, A 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 Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 1. The Bill, having received the requisite constitutional majority, was passed, by

substitute.

TUESDAY, APRIL 8, 2003

2423

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.

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

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

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

Mobley Y Moraitakis
Morris Mosby Y Mosley Y Murphy, J Murphy, Q 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 Randall Y Ray 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 Sims Sinkfield Skipper
Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet N Teper Thomas, A Thomas, A.M N Thompson Y Twiggs Y Walker, L Y Walker, R.L Warren Watson Y Westmoreland White N Wilkinson N Willard Williams, A

2424
Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heath Heckstall
Y Hembree Henson
N Hill, C

Y McCall McClinton
Y Millar Y Mills
Mitchell

Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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

On the adoption of the Resolution, the ayes were 116, nays 7. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Buckner of the 109th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 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.

The report of the Committee, which was favorable to the 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 Anderson Ashe N Bannister Y Barnard Y Barnes Beasley-Teague Y Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps

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

Mobley Y Moraitakis Y Morris
Mosby Y Mosley
Murphy, J Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Parham

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 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 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

TUESDAY, APRIL 8, 2003

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

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

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

2425
Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Watson Westmoreland Y White Y Wilkinson Y Willard Williams, A Williams, E N Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 116, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representatives Ashe of the 42nd, Post 2 and Birdsong of the 104th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Bannister of the 70th, Post 1 and Lunsford of the 85th, Post 2 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, APRIL 8, 2003

Mr. Speaker and Members of the House:

2426

JOURNAL OF THE HOUSE

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this April 08, 2003, by adding the following:

HB 20
HB 326 HB 549
HB 632 HB 689
HB 778 HB 865 HB 866

Driving under the influence; additional penalties; victim compensation awards Nonprofit hospitals and employees; liability insurance; provisions Insurance premium tax credits; certified capital companies; repeal provisions GEMA; state government safety plans; exemptions Revenue bonds; redefine undertaking; remove certain referendum requirement Public transit; buses, rapid rail cars, stations; allow bottled water Official Frontier and Southeastern Indian Interpretive Center; designate Family and children services; county director; serve in multiple counties

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

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.

The report of the Committee, which was favorable to the 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 Day Dean
Y Deloach

Y Hill, C.A Hill, V
Y Hines

Mobley Y Moraitakis Y Morris

Y Sims Sinkfield
Y Skipper

TUESDAY, APRIL 8, 2003

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 E 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 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
Fludd Y Forster E 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

Holmes Y Houston
Howard Y Howell Y Hudson
Hugley Jackson 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 McClinton Y Millar Y Mills Mitchell

Mosby Y Mosley Y Murphy, J
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 N 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
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

2427
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 Stokes Y Stoner Y Teilhet Y Teper 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 Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

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

2428

JOURNAL OF THE HOUSE

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
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn E 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 Y Floyd, J
Fludd Y Forster E Franklin Y Gardner
Golick Y Graves, D
Graves, T Y Greene
Greene-Johnson Y Hanner
Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson
Hill, C

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

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J
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
Randall N Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J
Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders 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
Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A 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 Williams, A Williams, E N Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 130, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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

TUESDAY, APRIL 8, 2003

2429

to change certain provisions relating to persons eligible for awards; and for other purposes.

The report of the Committee, which was favorable to the 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 Bannister
Y Barnard Y Barnes
Beasley-Teague Benfield 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 Y Bunn E Burkhalter Y Burmeister N Butler Y Campbell N 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 N Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps N Fleming N Floyd, H Y Floyd, J
Fludd Y Forster E Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree
Henson N Hill, C

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

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

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

On the passage of the Bill, the ayes were 105, nays 19. The Bill, having received the requisite constitutional majority, was passed.

2430

JOURNAL OF THE HOUSE

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.

The following Committee substitute was read and adopted:

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 the authorization of the Department of Administrative Services to procure a group liability insurance policy for nonprofit hospitals providing emergency room services; to provide for the terms and conditions under which such nonprofit hospitals may participate in such group liability insurance policy; to provide for the payment by participating nonprofit hospitals of premiums and broker fees related to such insurance policy; to provide for protection for the state from liability for premiums and claims related to coverage under such policy; to provide that the state shall not be authorized to self-insure any participating nonprofit hospital; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, is amended by adding a new Code Section 45-9-4.3 to read as follows:
"45-9-4.3. (a) For the purposes of this Code section, the term 'nonprofit hospital' means a hospital having an emergency room providing services 24 hours a day and seven days a week which is tax exempt under 26 U.S.C. Section 501(c)(3). (b) The Department of Administrative Services is authorized to obtain a group liability insurance policy for and on behalf of those nonprofit hospitals defined in subsection (a) of this Code section. A nonprofit hospital which desires to participate in such insurance coverage shall enter into a written agreement with the Department of Administrative

TUESDAY, APRIL 8, 2003

2431

Services, prior to the departments commencement of negotiations with any prospective insurance carriers, that such hospital agrees to accept such coverage for the term of the policy contingent upon the premiums for the group policy, plus such hospitals share of any brokers fee, being less than or equal to the hospitals current premiums for similar coverage. A nonprofit hospital participating in such group insurance plan shall be solely responsible for payment of its premiums under the policy. Under no circumstances shall this Code section be construed to hold the state liable for any premiums related to such group policy or for any claims filed against any nonprofit hospital covered under such group policy. (c) The provisions of this Code section shall not authorize the state to self-insure any nonprofit hospital participating in such group insurance plan. (d) This Code section is automatically repealed effective July 1, 2006."
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 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
Bunn E Burkhalter Y Burmeister
Butler

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

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

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

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 Stephens, E Y Stephens, R Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Watson

2432
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 Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree
Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills
Mitchell

Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Westmoreland Y White Y 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 126, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Cooper of the 30th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 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

TUESDAY, APRIL 8, 2003

2433

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.

The following Committee amendment was read and adopted:

The Committee on Children and Youth moves to amend HB 866 by inserting immediately before the period on line 14 of page 1 the following:
"if the counties involved are in the same service delivery region, are contiguous, and have a total population of less than 500,000 according to the most recent federal decennial census at the time of the appointment".

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 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 Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn E Burkhalter Y Burmeister N Butler

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
Fludd Y Forster E Franklin Y Gardner Y Golick Y Graves, D N Graves, T N Greene
Greene-Johnson Y Hanner

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

Mobley Y Moraitakis
Morris Mosby Y Mosley Murphy, J 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 Randall Ray Y Reece, B Y Reece, S N Rice Richardson N Roberts, J

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 Stephens, E Y Stephens, R Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Watson

2434
Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar N Mills
Mitchell

Roberts, L Y Rogers, C Y Rogers, Ch.
Royal N Rynders
Sailor N Scott Y Shaw Y Sheldon Y Sholar

Y Westmoreland N White Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 117, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Skipper of the 116th moved that the House do now adjourn until 1:00 o'clock P. M. tomorrow, and the motion prevailed.
The Speaker announced the House adjourned until 1:00 o'clock P. M. tomorrow.

WEDNESDAY, APRIL 9, 2003 Representative Hall, Atlanta, Georgia
Wednesday, April 9, 2003

2435

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 Birdsong Black Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G E Burkhalter Chambers Channell Childers Coleman, B Cooper Crawford Cummings Day

Deloach Dix Dodson Dollar Dooley Douglas Drenner Elrod Epps Fleming Floyd, J Fludd Franklin Gardner E Golick E Graves, T Greene Greene-Johnson Harper Harrell Heard, J Heard, K Heath Heckstall Hembree Hill, C

Hill, C.A Hill, V Hines Houston Howard Howell Hudson Hugley Jackson James Jamieson Jordan E Joyce Keen Knox Lane Lewis Mangham E Manning Marin Martin Massey Maxwell McBee Millar Mills

Mitchell Moraitakis Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Purcell Ralston E Reece, B Reece, S Roberts, L Rogers, C Royal Rynders Scott Shaw Sheldon Sholar

Sims Skipper Smith, L Smith, P Smith, T Smith, V Stephens, E Stephenson Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Twiggs Walker, R.L Warren Watson 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 Beasley-Teague of the 48th, Post 2, Benfield of the 56th, Post 1, Boggs of the 145th, Bordeaux of the 125th, Bunn of the 63rd, Burmeister of the 96th, Butler of the 88th, Post 1, Campbell of the 39th, Casas of the 68th, Dukes of the 136th, Floyd of the 69th, Post 2, Forster of the 3rd, Post 1, Graves of the 106th, Hanner of the 133rd, Harbin of the 80th, Henson of the 55th, Holmes of the 48th, Post 1, Jenkins of the 93rd, Jones of the 38th, Lord of the 103rd, Lucas of the 105th, Lunsford of the 85th, Post 2, McCall of the 78th, McClinton of the 59th, Post 1, Mobley of the 58th, Morris of the 120th, Mosby of the 59th, Post 3, Powell of the 23rd, Randall of the 107th, Ray of the 108th, Rice of the 64th, Richardson of the 26th, Roberts of the 131st, Rogers of the 15th,

2436

JOURNAL OF THE HOUSE

Sailor of the 61st, Post 1, Sinkfield of the 50th, Smith of the 76th, Smyre of the 111th, Stanley-Turner of the 43rd, Post 2, Stephens of the 123rd, Thompson of the 69th, Post 1, Walker of the 115th, Westmoreland of the 86th, and Wix of the 33rd, Post 1.
They wish to be recorded as present.

Prayer was offered by Dr. F. Harry Daniel, Pastor, First Presbyterian Church, LaGrange, 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:

WEDNESDAY, APRIL 9, 2003

2437

HB 946. By Representative Coleman of the 118th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.

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

HB 947. By Representative Elrod of the 25th:
A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications, powers, duties, rights, and liabilities; and for other purposes.

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

HB 948. By Representative Elrod of the 25th:
A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.

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

HB 949. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to amend an Act creating the Board of Education of McIntosh County, so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; and for other purposes.

2438

JOURNAL OF THE HOUSE

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

HB 950. By Representatives Day of the 126th, Stephens of the 123rd, Lunsford of the 85th, Post 2, Snow of the 1st and Hill of the 81st:
A BILL to amend Code Section 40-11-3 of the Official Code of Georgia Annotated, relating to when peace officers may remove vehicles from public property and notification requirements, so as to change the time at which an officer may cause an unattended motor vehicle to be removed; and for other purposes.

Referred to the Committee on Public Safety.

HB 951. By Representatives Drenner of the 57th, Dooley of the 33rd, Post 3, Stokes of the 72nd and Heard of the 70th, Post 3:
A BILL to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to require the governing authority of each county to provide an acceptable location for the disposal of septic tank waste; to authorize a county to enter into agreements to dispose of septic tank waste in lieu of providing a location for such disposal within the county; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 952. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; and for other purposes.

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

HB 953. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Brooks of the 47th and Mobley of the 58th:

WEDNESDAY, APRIL 9, 2003

2439

A BILL to provide for driver education courses and instructional requirements; to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require certain secondary schools to offer courses in driver education; to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, so as to require a person under 21 years of age to complete a driver education course before obtaining a driver's license; 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 954. By Representatives O`Neal of the 117th, Walker of the 115th and Ray of the 108th:
A BILL to amend Article 1 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to the assessment and payment of the costs of criminal proceedings, so as to provide that the cost of transporting a person arrested on an outstanding warrant to the jurisdiction in which such warrant was issued shall be one of the costs of a criminal proceedings; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 955. By Representatives Sinkfield of the 50th, Stephenson of the 60th, Post 1, Mobley of the 58th, Anderson of the 100th and Dooley of the 33rd, Post 3:
A BILL to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to enact The Interstate Compact for Juveniles; to provide for implementation of such compact; to provide for the Georgia State Council for Interstate Juvenile Supervision; and for other purposes.

Referred to the Committee on Children & Youth.

HB 956. By Representative Coleman of the 118th:

2440

JOURNAL OF THE HOUSE
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.

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

HB 957. By Representative Coleman of the 118th:
A BILL to amend an Act creating the governing authority of Telfair County, so as to change provisions relating to the governing authority of said county; and for other purposes.

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

HB 961. By Representative Mangham of the 62nd:
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 broadband equipment for a limited period of time; and for other purposes.

Referred to the Committee on Ways & Means.

HB 962. By Representative Mangham of the 62nd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to prohibit the permanent expulsion of students under the age of 16 years old; and for other purposes.

Referred to the Committee on Education.

HB 963. By Representative Mangham of the 62nd:

WEDNESDAY, APRIL 9, 2003

2441

A BILL to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a brief period of quiet reflection, so as to clarify that the daily moment of quiet reflection in public schools shall accommodate students who wish to exercise their freedom of religion to engage in silent prayer or meditation; and for other purposes.

Referred to the Committee on Judiciary.

HB 964. By Representative Bunn of the 63rd:
A BILL to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to impose and levy certain excise taxes with respect to certain licenses of and sales by adult bookstores, adult entertainment outlets, and explicit media outlets; and for other purposes.

Referred to the Committee on Ways & Means.

HB 965. By Representative Bunn of the 63rd:
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 provide that lot owners shall have a right of access to the books and records kept by the association; and for other purposes.

Referred to the Committee on Judiciary.

HB 966. By Representative Bunn of the 63rd:
A BILL to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts required as equipment and safety restraints for children four years of age or younger, so as to change certain provisions relating to applicability of child restraint requirements; and for other purposes.

Referred to the Committee on Motor Vehicles.

2442

JOURNAL OF THE HOUSE

HB 967. By Representatives Coan of the 67th, Post 1 and Mills of the 67th, Post 2:
A BILL to provide a new charter for the City of Buford; and for other purposes.

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

HB 968. By Representative Greene of the 134th:
A BILL to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally in state and county correctional institutions, so as to change certain provisions relating to deductions from inmate accounts for payment of certain damages and medical costs, limits on deductions, and fees for managing inmate accounts; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 969. By Representative Wilkinson of the 41st:
A BILL to amend an Act providing incorporation and police powers for Sandy Springs Church and Camp-Grounds in Fulton County, so as to provide for a municipal corporation as a successor corporation with respect to police and governmental powers; to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation; and for other purposes.

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

HB 970. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.

WEDNESDAY, APRIL 9, 2003

2443

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

HB 971. By Representative Birdsong of the 104th:
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.

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

HB 972. By Representatives Keen of the 146th and Harbin of the 80th:
A BILL to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to authorize any health care insurer, as an option, to offer one or more health benefit plans that are not subject to limitations or restrictions on the level of reimbursement for contracted or noncontracted health care providers; and for other purposes.

Referred to the Committee on Insurance.

HB 973. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and the description of the council districts; and for other purposes.

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

HR 680. By Representatives Gardner of the 42nd, Post 3, Channell of the 77th and Brown of the 89th:
A RESOLUTION creating the House Study Committee on the Development and Expansion of Community Health Centers; and for other purposes.

2444

JOURNAL OF THE HOUSE

Referred to the Committee on Rules.

HR 681. By Representative Channell of the 77th:
A RESOLUTION supporting the creation of a Law Enforcement Museum and Hall of Fame; and for other purposes.

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

HR 699. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Brooks of the 47th and Mobley of the 58th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a driver education fund within the state treasury from which funds shall be disbursed to local school systems to implement and fund driver education programs; to authorize the levy of a surcharge on driver's license application fees and the appropriation of the proceeds of such surcharges to the fund; and for other purposes.

Referred to the Committee on Appropriations.

HR 700. By Representatives Parrish of the 102nd, Channell of the 77th and Coleman of the 118th:
A RESOLUTION creating the House Study Committee on Local Government Infrastructure; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HR 701. By Representatives Henson of the 55th, Childers of the 13th, Post 1, Channell of the 77th, Drenner of the 57th, Mosby of the 59th, Post 3 and others:
A RESOLUTION recognizing Hepatitis C Awareness and Education Month and urging the Division of Public Health of the Department of Human

WEDNESDAY, APRIL 9, 2003

2445

Resources to undertake certain related studies; 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 914 HB 915 HB 916 HB 917 HB 918 HB 919 HB 920 HB 921 HB 922 HB 923 HB 924 HB 925 HB 926 HB 927 HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 935 HB 936 HB 937 HB 938 HB 939 HB 940 HB 941 HB 944 HB 945 HB 958 HB 959 HB 960 HR 617 HR 618

SB 201 SB 203 SB 210 SB 211 SB 215 SB 223 SB 229 SB 236 SB 239 SB 243 SB 244 SB 257 SB 261 SB 262 SB 264 SB 265 SB 266 SB 272 SB 273 SB 277 SB 280 SB 281 SB 283 SB 291 SB 292 SB 293 SB 294 SB 301 SB 312 SB 313 SB 317 SB 329 SB 333 SB 336

2446
HR 619 HR 620 HR 621 HR 622 HR 623 HR 624 HR 625 HR 668 HR 669 HR 670 SB 8 SB 77 SB 93 SB 123 SB 136 SB 150 SB 151 SB 159 SB 175 SB 179 SB 187 SB 193 SB 198 SB 200

JOURNAL OF THE HOUSE
SB 344 SB 345 SB 346 SB 347 SB 348 SB 357 SR 1 SR 6 SR 23 SR 55 SR 60 SR 66 SR 67 SR 69 SR 90 SR 107 SR 150 SR 171 SR 184 SR 229 SR 234 SR 240 SR 308 SR 311

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 677 Do Pass SB 47 Do Pass, by Substitute SR 120 Do Pass, by Substitute

Respectfully submitted, /s/ Greene of the 134th
Chairman

WEDNESDAY, APRIL 9, 2003

2447

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 876 Do Pass HB 904 Do Pass HB 907 Do Pass

HB 909 Do Pass HB 910 Do Pass HB 913 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, APRIL 9, 2003

Mr. Speaker and Members of the House:

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

SB 14 SB 78 SB 94 SR 49

Agriculture; Georgia Dairy Act violations; penalty provisions Banking and Finance; regulations; comprehensive revisions Coastal Marshlands Protection Act; exemption; private docks; residence Medicare prescription drug benefit coverage; urge Congress to enact

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

2448

JOURNAL OF THE HOUSE

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

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 respect to reapportionment of districts for the election of members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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.

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

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.

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

WEDNESDAY, APRIL 9, 2003 On the passage of the Bill, the ayes were 100, nays 1. The Bill, having received the requisite constitutional majority, was passed.

2449

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.

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

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.

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

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.

2450

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

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

SB 282. By Senators Cheeks of the 23rd, Harp of the 16th, Tolleson of the 18th, Harbison of the 15th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 338. By Senators Hill of the 4th, Dean of the 31st and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to distribution of campaign contributions, so as to provide that ordinary and necessary expenses shall include expenses which, in the determination of the candidate or public officer, are incidental to the candidates campaign for public office or the public officers fulfillment or retention of such office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 342. By Senators Unterman of the 45th, Johnson of the 1st, Harbison of the 15th, Shafer of the 48th and Henson of the 41st:

WEDNESDAY, APRIL 9, 2003

2451

A BILL to be entitled an Act 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; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SR 35.

By Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others:
A RESOLUTION creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.

Referred to the Committee on Special Judiciary.

SR 220. By Senators Hamrick of the 30th, Hill of the 4th and Johnson of the 1st:
A RESOLUTION creating the Improvement of the HOPE Scholarship Joint Study Commission; and for other purposes.

Referred to the Committee on Higher Education.

SR 226. By Senators Smith of the 52nd, Price of the 56th, Tolleson of the 18th, Lamutt of the 21st, Mullis of the 53rd and others:
A RESOLUTION requesting that the Congressional Delegation of the State of Georgia work to pass President Bush's 2003 Economic Growth and Tax Relief Plan; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

2452

JOURNAL OF THE HOUSE

SR 232. By Senators Harp of the 16th, Johnson of the 1st, Price of the 56th, Mullis of the 53rd and Squires of the 5th:
A RESOLUTION declaring support for a missile defense system; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

Representative Douglas of the 73rd 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.

Representative Orrock of the 51st arose to a point of personal privilege and addressed the House.

Representative Walker of the 71st, Post 1 arose to a point of personal privilege and addressed the House.

Representative Dukes of the 136th arose to a point of personal privilege and addressed the House.

Representative Thomas of the 33rd, Post 2 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 Fludd of the 48th, Post 4 arose to a point of personal privilege and addressed the House.

Representative Smyre of the 111th arose to a point of personal privilege and

addressed the House.

WEDNESDAY, APRIL 9, 2003

2453

Representative Beasley-Teague of the 48th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Epps of the 90th 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.

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

HR 702. By Representative Jenkins of the 93rd:
A RESOLUTION commending the Culloden Highland Games and Scottish Festival Committee and inviting officials of the City of Culloden and members of the Culloden Highland Games and Scottish Festival to 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 Senate were taken up for consideration and read the third time:

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.

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

2454

JOURNAL OF THE HOUSE

agreed to.

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

Y Amerson N Anderson
Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black
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 E Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford
Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner N Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Gardner E 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 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 N Hugley N 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 N Maddox N Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

N Mobley Y Moraitakis Y Morris N 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 Y Powell Y Purcell Y Ralston Y 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 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 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 Y Williams, A N Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 145, nays 20. The Bill, having received the requisite constitutional majority, was passed.

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

WEDNESDAY, APRIL 9, 2003

2455

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.

The report of the Committee, which was favorable to the 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
Ashe Y Bannister Y Barnard Y Barnes N 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 E Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E 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 N Dukes
Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y 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
Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

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

N Mobley Y Moraitakis Y Morris N 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 Y 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
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 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 N Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 139, nays 24. The Bill, having received the requisite constitutional majority, was passed.

2456

JOURNAL OF THE HOUSE

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.

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

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart N 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 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 E Joyce Y Keen
Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox N Mangham E 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
Randall Y Ray Y Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor

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 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 Y Williams, A Y Williams, E

Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 9, 2003

Y Heckstall Y Hembree
Henson Y Hill, C

N McClinton Y Millar Y Mills Y Mitchell

Y Scott Y Shaw Y Sheldon Y Sholar

2457
Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 154, nays 7. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the 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
Ashe Y Bannister Y Barnard Y Barnes N 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 N Drenner N Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd

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

N Mobley Y Moraitakis Y Morris N 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 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

2458
Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn E Burkhalter Y Burmeister Y 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 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 Y Heath
Heckstall Y Hembree N Henson Y Hill, C

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

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

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

On the passage of the Bill, the ayes were 145, nays 20. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 704. By Representatives Walker of the 115th, McCall of the 78th, Buck of the 112th, Coleman of the 118th, Shaw of the 143rd and others:
A RESOLUTION honoring the life and achievements of L. Clifford Adams, Jr.; and for other purposes.

HR 705. By Representatives Massey of the 24th, Coan of the 67th, Post 1 and Mills of the 67th, Post 2:
A RESOLUTION honoring the life of Whitney Leigh Weatherford; and for other purposes.

HR 706. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Brooks of the 47th and Mobley of the 58th:
A RESOLUTION honoring and remembering the life of Pannesha Cole and

WEDNESDAY, APRIL 9, 2003 expressing sympathy upon her passing; and for other purposes.

2459

HR 707. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION recognizing and congratulating Mr. and Mrs. Ivan Eugene Taylor; and for other purposes.

HR 708. By Representatives Orrock of the 51st, Smyre of the 111th, Coleman of the 118th, Skipper of the 116th, Porter of the 119th and others:
A RESOLUTION recognizing Dr. Terry Maple and congratulating him on the occasion of his retirement; and for other purposes.

HR 709. By Representatives Coleman of the 118th, Ashe of the 42nd, Post 2, Skipper of the 116th, Smyre of the 111th, Westmoreland of the 86th and others:
A RESOLUTION commending the House Interns for the 2003 Regular Session; and for other purposes.

HR 710. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Brooks of the 47th and Mobley of the 58th:
A RESOLUTION commending Navy Hospital Corpsman Eutica L. Hayes; and for other purposes.

HR 711. By Representatives Orrock of the 51st, Benfield of the 56th, Post 1, Henson of the 55th, Teper of the 42nd, Post 1, Oliver of the 56th, Post 2 and others:
A RESOLUTION commending the DeKalb Choral Guild; and for other purposes.

HR 712. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION recognizing Dr. and Mrs. John Thomas Grayson; and for other purposes.

2460

JOURNAL OF THE HOUSE

HR 713. By Representatives Teper of the 42nd, Post 1, Coleman of the 118th, Porter of the 119th, Westmoreland of the 86th, Richardson of the 26th and others:
A RESOLUTION commending Professor Bill Thomas; and for other purposes.

HR 714. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2 and Smith of the 87th:
A RESOLUTION commending the Carroll County Central High School Lion Pride Marching Band; and for other purposes.

HR 715. By Representatives Buck of the 112th, Buckner of the 109th, Smith of the 110th, Smyre of the 111th and Hugley of the 113th:
A RESOLUTION commending The Medical Center Auxiliary of Columbus, Georgia, on its 40th anniversary; and for other purposes.

HR 716. By Representatives Buck of the 112th, Buckner of the 109th, Smith of the 110th, Smyre of the 111th and Hugley of the 113th:
A RESOLUTION recognizing Georgia Healthcare Volunteer Day; and for other purposes.

HR 717. By Representative Martin of the 37th: A RESOLUTION commending Jacquelyn Littlefield; and for other purposes.

HR 718. By Representative Hill of the 147th:
A RESOLUTION honoring the memory of Tilden Norris and expressing regret at his passing; and for other purposes.

HR 719. By Representatives Houston of the 139th, Wix of the 33rd, Post 1, Greene of the 134th and Purcell of the 122nd:
A RESOLUTION congratulating Honorable Greg Morris and his wife, Amy,

WEDNESDAY, APRIL 9, 2003 on the birth of their second son; and for other purposes.

2461

HR 720. By Representative Yates of the 85th, Post 1:
A RESOLUTION recognizing the 70th wedding anniversary of Lewis and Lillian Murphy; and for other purposes.

HR 721. By Representatives Day of the 126th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd and others:
A RESOLUTION commending Greg Swindell; and for other purposes.

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 104 Do Pass SB 105 Do Pass, by Substitute

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

2462 SB 7 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Powell of the 23rd
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 20 Do Pass SB 51 Do Pass

SB 101 Do Pass SB 147 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 121 Do Pass, by Substitute

Respectfully submitted, /s/ Greene of the 134th
Chairman

WEDNESDAY, APRIL 9, 2003

2463

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.

2464

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Thursday, April 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.

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Rev. Gerry Anderson, Pastor, New Macedonia Baptist Church, Riverdale, 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, APRIL 10, 2003

2465

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

HB 974. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.

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

HB 975. By Representative Bruce of the 45th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; and for other purposes.

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

HB 976. By Representative Oliver of the 56th, Post 2:
A BILL to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to define a certain term; to provide that certain administrative law judges shall be eligible for membership in such retirement system; to provide for an election of membership; to provide for a transfer of contributions to such retirement system from the Employees' Retirement System of Georgia; and for other matters.

Referred to the Committee on Retirement.

HB 977. By Representatives Borders of the 142nd, Gardner of the 42nd, Post 3 and Black of the 144th:

2466

JOURNAL OF THE HOUSE
A BILL to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to require all employees of group day-care homes and day-care centers to receive training in first aid and cardiopulmonary resuscitation; and for other purposes.

Referred to the Committee on Children & Youth.

HB 978. 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.

4/9/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 978. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bannister District 70, Post 1

Referred to the Committee on Regulated Industries.

HB 979. 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 Commissioners of Jones County, so as to reapportion the commissioner districts; and for other purposes.

THURSDAY, APRIL 10, 2003

2467

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

HR 703. By Representatives Floyd of the 132nd, Williams of the 4th and Shaw of the 143rd:
A RESOLUTION creating the House Study Committee on Lending and Financial Services; and for other purposes.

Referred to the Committee on Rules.

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

HB 946 HB 947 HB 948 HB 949 HB 950 HB 951 HB 952 HB 953 HB 954 HB 955 HB 956 HB 957 HB 961 HB 962 HB 963 HB 964 HB 965 HB 966 HB 967

HB 968 HB 969 HB 970 HB 971 HB 972 HB 973 HR 680 HR 681 HR 699 HR 700 HR 701 SB 282 SB 338 SB 342 SR 35 SR 220 SR 226 SR 232

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

2468

JOURNAL OF THE HOUSE

the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 129 Do Pass SB 172 Do Pass, by Substitute SB 247 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 22 Do Pass, by Substitute SB 205 Do Pass, by Substitute

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:

HB 862 Do Pass HB 915 Do Pass HB 916 Do Pass

HB 927 Do Pass HB 936 Do Pass HB 938 Do Pass

THURSDAY, APRIL 10, 2003

2469

HB 919 HB 920 HB 921 HB 922 HB 924 HB 925 HB 926

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

HB 939 HB 940 HB 944 HB 958 HB 959 HB 960

Do Pass Do Pass Do Pass, as Amended 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 THURSDAY, APRIL 10, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 261

House Study Committee on Sales and Use Tax Simplification; create

DEBATE CALENDAR

SB 37 SB 85 SB 155

Electric assistive mobility device; lights on garbage trucks; regulate Optometry; practicing without a license; increase punishment State deferred compensation plans; contributions from employers, employees

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

2470

JOURNAL OF THE HOUSE

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

HB 862. By Representatives Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th, Hill of the 16th and others:
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.

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

HB 915. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.

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

HB 919. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.

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

HB 920. By Representative Powell of the 23rd: A BILL to amend an Act entitled "An Act to reconstitute the Board of

THURSDAY, APRIL 10, 2003

2471

Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," 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 921. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.

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

HB 927. 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 BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.

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

HB 936. By Representative Lane of the 101st:
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

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

2472

JOURNAL OF THE HOUSE

HB 938. By Representatives Smith of the 76th and Douglas of the 73rd:
A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

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

HB 939. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, McClinton of the 59th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Locust Grove, 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.

HB 940. By Representative Royal of the 140th:
A BILL to provide a new charter for the City of Sale City; and for other purposes.

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

HB 944. By Representatives DeLoach of the 127th, Keen of the 146th, Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and others:
A BILL to create the Liberty County Public Facilities Authority and to provide for the appointment of members of the Authority; and for other purposes.

THURSDAY, APRIL 10, 2003 The following Committee amendment was read and adopted:

2473

The Committee on State Planning and Community Affairs - Local Legislation moves to amend HB 944 by striking line 14 of page 5 and inserting in lieu thereof the following:
"refunding revenue bonds or other obligations previously issued; provided, however, that no such revenue bonds shall be issued to finance a project for the Liberty County School District or any other political subdivision of the state located within Liberty County without the consent of the governing body of Liberty County. The principal of and interest"

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

HB 958. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee 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.

HB 959. By Representative Hanner of the 133rd:
A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.

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

HB 960. By Representatives Walker of the 115th and James of the 114th:
A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the

2474

JOURNAL OF THE HOUSE
Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; 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 Ashe
Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Birdsong Y Black Y Boggs Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome E Brown Y Bruce Y Buck Y Buckner, D Buckner, G Bunn E Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E 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 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 E Harper Y Harrell Y Heard, J E Heard, K Y Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes Houston
Y Howard Y Howell E 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
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
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
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
Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P E 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 Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

THURSDAY, APRIL 10, 2003

2475

On the passage of the Bills, the ayes were 143, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Benfield of the 56th, Post 1 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 916. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wilkinson of the 41st, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A BILL to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; and for other purposes.

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

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

Y Amerson N Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome E Brown Y Bruce Y Buck Y Buckner, D

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps N Fleming N Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick

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

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

Sims Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Smyre Y Snow N 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

2476
Y Buckner, G Y Bunn E Burkhalter N Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin E Harper Y Harrell N Heard, J E Heard, K N Heath Heckstall N Hembree Y Henson Y Hill, C

Lucas Y Lunsford
Maddox Y Mangham E Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

E Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott 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
Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 132, nays 15. The Bill, having received the requisite constitutional majority, was passed.

HB 922. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to provide for nonpartisan elections for certain officers thereof; to provide for a special election; 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 charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by adding immediately following Section 6-103 a new section to read as follows:

THURSDAY, APRIL 10, 2003

2477

"SECTION 6-104 Nonpartisan elections.

All regular elections for the elective public officers of the unified government of Athens-Clarke County, Georgia, and all special elections for such officers shall be nonpartisan elections without a prior nonpartisan primary, as provided in Code Section 21-2-139 of the O.C.G.A."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the unified government of Athens-Clarke County, Georgia, shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the unified government of Athens-Clarke County, Georgia, for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2004, general election, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Athens-Clarke County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for nonpartisan elections for the elective public officers of the unified government of AthensClarke County, Georgia?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the unified government of Athens-Clarke County, Georgia. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

2478

JOURNAL OF THE HOUSE

substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 924. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Stewart 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 102, nays 15.
The Bill, having received the requisite constitutional majority, was passed.

HB 925. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Early 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 102, nays 15.
The Bill, having received the requisite constitutional majority, was passed.

HB 926. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.

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

THURSDAY, APRIL 10, 2003 agreed to.
On the passage of the Bill, the ayes were 102, nays 15. The Bill, having received the requisite constitutional majority, was passed.

2479

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 206. By Senator Crotts of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Butts County and provide for its powers and duties; 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; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the boards organization, powers, and duties; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 245. By Senators Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st, Tanksley of the 32nd, Collins of the 6th and others:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4614), so as to change the provisions relating to the compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 288. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of

2480

JOURNAL OF THE HOUSE

probate judge of Jackson County and for the office of chief magistrate of Jackson County shall be nonpartisan elections held at the time of certain November general 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.
SB 289. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general 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.
SB 295. By Senator Crotts of the 17th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 320. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Troup County Public Facilities 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 from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
SB 321. By Senator Lee of the 29th:

THURSDAY, APRIL 10, 2003

2481

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Meriwether 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.
SB 322. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 323. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Troup 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.
SB 327. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; 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 provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 332. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart

2482

JOURNAL OF THE HOUSE

County shall be nonpartisan elections held at the time of certain November general 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.
SB 343. By Senator Jackson of the 50th:
A BILL to be entitled an Act to reconstitute the Board of Education of White County and provide for its powers, duties, rights, obligations, and liabilities; to provide for four district members and one at-large member; to provide for new districts; to provide for the election of members; to continue in office current members of such board; to provide for the filling of vacancies; to provide for the selection of a chairperson; to provide for related matters; to provide for superseding a local constitutional amendment; to provide for submission of this Act under the federal Voting Rights Act; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
SB 360. By Senators Starr of the 44th and Seay of the 34th:
A BILL to be entitled an Act to create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 372. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 10, 2003

2483

The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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.
HB 403. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Buckner of the 82nd:

2484

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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.
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

THURSDAY, APRIL 10, 2003

2485

members of the board; and for other purposes.
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 692. By Representatives Coleman of the 118th, Skipper of the 116th, Buck of the 112th, Parrish of the 102nd, Morris of the 120th and others:
A RESOLUTION expressing regret at the passing of Paul D. Lynch; and for other purposes.

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

SB 206. By Senator Crotts of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Butts County and provide for its powers and duties; 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; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the boards organization, powers, and duties; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 245. By Senators Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st, Tanksley of the 32nd, Collins of the 6th and others:
A BILL to be entitled an Act to amend an Act creating the board of

2486

JOURNAL OF THE HOUSE
commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4614), so as to change the provisions relating to the compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 288. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jackson County and for the office of chief magistrate of Jackson County shall be nonpartisan elections held at the time of certain November general 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.

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

SB 289. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general 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.

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

SB 295. By Senator Crotts of the 17th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to reconstitute the board of commissioners; to

THURSDAY, APRIL 10, 2003

2487

change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 320. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Troup County Public Facilities 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 from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

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

SB 321. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Meriwether 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.

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

SB 322. By Senator Lee of the 29th:

2488

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

SB 323. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Troup 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.

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

SB 327. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; 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 provide for effective dates; to repeal conflicting laws; and for other purposes.

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

THURSDAY, APRIL 10, 2003

2489

SB 332. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County shall be nonpartisan elections held at the time of certain November general 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.

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

SB 343. By Senator Jackson of the 50th:
A BILL to be entitled an Act to reconstitute the Board of Education of White County and provide for its powers, duties, rights, obligations, and liabilities; to provide for four district members and one at-large member; to provide for new districts; to provide for the election of members; to continue in office current members of such board; to provide for the filling of vacancies; to provide for the selection of a chairperson; to provide for related matters; to provide for superseding a local constitutional amendment; to provide for submission of this Act under the federal Voting Rights Act; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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

SB 360. By Senators Starr of the 44th and Seay of the 34th:
A BILL to be entitled an Act to create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.

2490

JOURNAL OF THE HOUSE

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

SB 372. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Representative Hugley of the 113th 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 and Senate were taken up for consideration and read the third time:

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.

The following substitute, offered by Representative Royal of the 140th, was read and adopted:

THURSDAY, APRIL 10, 2003

2491

A RESOLUTION
Creating the House Study Committee on Sales and Use Tax Simplification; to provide for duties and responsibilities of the committee; to provide for participation in certain interstate discussions; and for other purposes.
WHEREAS, Georgia is one of 45 states, plus the District of Columbia, that levies a sales tax; and
WHEREAS, sales tax revenue accounts for more than one-third of the states annual budget; and
WHEREAS, Georgias sales tax, while levied on the consumer, must be collected by vendors; and
WHEREAS, Internet and other remote vendors are currently not required to collect sales tax and remit it to the state; and
WHEREAS, Georgia residents have a legal obligation to pay a use tax equivalent to the sales tax on Internet and other out-of-state purchases; and
WHEREAS, collection of the use tax is very difficult and never has been a successful way of collecting the tax owed to the state; and
WHEREAS, simplification of the sales tax system so that the remote vendors could collect and remit a sales tax to the state would relieve Georgia consumers of the burden of registering and filing returns and remittances for the use tax on out-of-state purchases; and
WHEREAS, sales made via the Internet and catalogues on which no Georgia sales or use tax is collected significantly reduce overall sales tax revenue; and
WHEREAS, a study by the University of Tennessee estimates that Georgia lost $439 million in untaxed remote sales in 2001 and projects the revenue loss to grow to $1.5 billion by 2006; and
WHEREAS, the growth in Internet sales is far outpacing the sales growth at traditional "brick and mortar" businesses that employ Georgia residents, pay taxes, and otherwise contribute to the local economies in which they operate; and
WHEREAS, the growing losses in sales tax revenue to the state and local governments place at risk many vital services, including education, public safety, transportation, and others and will force affected governments to seek revenue from increased property taxes

2492

JOURNAL OF THE HOUSE

or other sources; and
WHEREAS, untaxed sales made via catalogue or the Internet put Georgia-based businesses that must collect sales tax at a competitive disadvantage; and
WHEREAS, simplifying the sales tax system in cooperation with other states would reduce that administrative burden of the sales and use tax for both the state and companies doing business in Georgia, thereby improving compliance and revenues; and
WHEREAS, thirty-four states and the District of Columbia have signed an agreement or passed legislation to work toward a simplified sales tax system that would make it viable for remote vendors to collect sales tax and remit sales tax to the states; and
WHEREAS, Georgia is not presently a part of the nationwide effort to simplify the sales tax so as to accommodate the collection of sales tax from remote vendors, thereby halting the erosion of the states sales tax revenues.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Sales and Use Tax Simplification to be composed of:
(1) Eight members of the General Assembly to be appointed by the Speaker of the House; and (2) One representative from each of the following organizations to be appointed by the Speaker of the House to provide input to the committee:
(A) Georgia Municipal Association; (B) Association County Commissioners of Georgia; (C) Georgia Electronic Commerce Association; (D) Georgia Food Industry Association; (E) Georgia Retail Association; (F) International Council of Shopping Centers, Georgia Chapter; and (G) Department of Revenue. The Speaker of the House shall designate a member of the committee as chairperson of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as the chairperson may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. All other funds necessary to carry out the provisions of this resolution shall come from funds

THURSDAY, APRIL 10, 2003

2493

appropriated to the House of Representatives. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized.
BE IT FURTHER RESOLVED that representatives from the State of Georgia should participate in interstate discussions to develop a simplified sales and use tax system.
BE IT FURTHER RESOLVED that in the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2003. The committee shall stand abolished on December 1, 2003.

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

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

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

Y Day Dean
Y Deloach Y Dix Y Dodson
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 Golick Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J E Heard, K

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

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 Y Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B N Reece, S N Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders

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

2494
E Coan Y Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Heath Heckstall
Y Hembree Y Henson N Hill, C

Y McCall N McClinton N Millar N Mills Y Mitchell

Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

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

On the adoption of the Resolution, by substitute, the ayes were 90, nays 50.
The Chair voted "aye".
On the adoption of the Resolution, by substitute, the ayes were 91, nays 50.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives O`Neal of the 117th and Stanley-Turner of the 43rd, Post 2 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following amendment was read and adopted:

Representative Day of the 126th moves to amend SB 37 by striking "regulate the use of" on line 2 of page 1 and inserting in its place "provide for regulation of certain motor driven cycles and".
By redesignating Sections 2 through 6 as Sections 3 through 7, respectively.
By inserting between lines 15 and 16 of page 1 the following:

THURSDAY, APRIL 10, 2003

2495

"SECTION 2. Said title is further amended by striking paragraph (28) of Code Section 40-1-1, relating to definitions, and inserting in its place a new paragraph (28) to read as follows:
'(28) "Moped" means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.'"

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

Y Day Dean
Y Deloach 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 E Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson
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
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mobley Y Moraitakis
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 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 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 Y 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

2496
Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

Y Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

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

On the passage of the Bill, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following amendment was read and adopted:

Representatives Hembree of the 46th and Walker of the 115th move to amend SB 85 as follows:
By deleting the last sentence of 43-30-14. beginning with the word "Each" (line 12) and ending with the word "offense." (line 13).

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 N Anderson Y Ashe N Bannister
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
Howell

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

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

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

THURSDAY, APRIL 10, 2003

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
Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J E Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N 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 N 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 Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

2497
Y Smith, V Smyre
Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson 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, as amended, the ayes were 142, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Cooper of the 30th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

2498

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 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 E Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn E Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E 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 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 Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J E Heard, K Y Heath Heckstall Y Hembree Y Henson Y Hill, C

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

Y Mobley Y Moraitakis
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 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 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
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 Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

THURSDAY, APRIL 10, 2003

2499

HR 723. By Representatives Murphy of the 97th, Howard of the 98th and Anderson of the 100th:
A RESOLUTION recognizing and celebrating the 125th anniversary of the Antioch Missionary Baptist church; and for other purposes.

HR 724. By Representative Epps of the 90th: A RESOLUTION honoring Mrs. Elnora R. Hawkins; and for other purposes.

HR 725. By Representative Epps of the 90th: A RESOLUTION honoring Joseph Henry Hawkins; and for other purposes.

HR 726. By Representatives Hill of the 16th, Murphy of the 14th, Post 2, Rogers of the 15th, Lewis of the 12th, Franklin of the 17th and others:
A RESOLUTION commending Christopher Mileshko; and for other purposes.

HR 727. By Representative Smith of the 110th:
A RESOLUTION commending Leona Davidson Daniel; and for other purposes.

HR 728. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending David Bryan; and for other purposes.

HR 729. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1: A RESOLUTION commending John Ross Brown; and for other purposes.
HR 730. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:

2500

JOURNAL OF THE HOUSE A RESOLUTION commending Rachel Pennacchio; and for other purposes.

HR 731. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Ciji Ann Sabo; and for other purposes.

HR 732. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Chris Corbett; and for other purposes.

HR 733. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Brandon Fallin; and for other purposes.

HR 734. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Blake Gilbert; and for other purposes.

HR 735. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Connie Pollitz; and for other purposes.

HR 736. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Kim Miller; and for other purposes.

HR 737. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Nancy Boehm; and for other purposes.

THURSDAY, APRIL 10, 2003

2501

HR 738. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Allen Hayes; and for other purposes.

HR 739. By Representatives Reece of the 11th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending Christie Calhoun; and for other purposes.

HR 740. By Representatives Cooper of the 30th, Parsons of the 29th, Dollar of the 31st, Henson of the 55th, Golick of the 34th, Post 3 and others:
A RESOLUTION honoring Sir Jack Polak; and for other purposes.

HR 741. By Representative Graves of the 10th:
A RESOLUTION commending and congratulating Neta Smith; and for other purposes.

HR 742. By Representatives Parrish of the 102nd, Morris of the 120th and Channell of the 77th:
A RESOLUTION recognizing SKAL and declaring April 14, 2003, as SKAL International Atlanta Day in Georgia; and for other purposes.

The following was read:

NOTICE OF INTENTION FORM
Representative Mills of the 67th, Post 2
Serving notice of intention to make a motion to resolve the House into a Committee of the Whole House (based on House Rule 61).

By unanimous consent, the following Bill of the Senate was withdrawn from the

2502

JOURNAL OF THE HOUSE

Committee on Rules and referred to the Committee on Judiciary:

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.

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

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.

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

THURSDAY, APRIL 10, 2003 SB 71 Do Pass, by Substitute

2503

Respectfully submitted, /s/ Powell of the 23rd
Chairman

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 601 Do Pass SB 255 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 96 Do Pass, by Substitute SB 156 Do Pass SB 166 Do Pass, by Substitute

SB 282 Do Pass SB 329 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

2504

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 192 Do Pass, by Substitute SB 211 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 46 Do Pass SB 213 Do Pass SB 218 Do Pass

Respectfully submitted, /s/ Snow of the 1st
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

THURSDAY, APRIL 10, 2003

2505

Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 620 Do Pass HR 625 Do Pass SR 23 Do Pass

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

The following communication was received:

Please let the Journal show that I was here today but did not vote due to a meeting which required me to be off the floor.
/s/ G. Sinkfield Dist. 50

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.

2506

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Friday, April 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 E Barnard Barnes Benfield Birdsong Black Bordeaux Borders Bridges Brock Brooks Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Coan Coleman, B Cooper Crawford Cummings

Day Dean Deloach Dix Dollar Dooley Douglas Drenner Epps Fleming Floyd, J Fludd Forster Franklin Gardner Graves, T Greene Greene-Johnson Harbin E Harper Harrell Heard, J E Heard, K Heath E Heckstall Hembree Henson Hill, C Hill, C.A Hill, V

E Hines Houston Howard
E Hudson Hugley Jackson James Jamieson Jenkins
E Jones Jordan
E Joyce Keen Knox Lane Lewis Lord Lunsford Mangham
E Manning Marin Massey Maxwell McBee
E McCall Millar Mills Mitchell Moraitakis Morris

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

Sholar Skipper Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, E Stokes Stoner Teilhet Teper Thomas, A Twiggs Walker, L Walker, R.L Warren Watson Westmoreland White Wilkinson E 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 Bannister of the 70th, Post 1, Beasley-Teague of the 48th, Post 2, Boggs of the 145th, Broome of the 141st, Post 2, Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Dukes of the 136th, Elrod of the 25th, Floyd of the 69th, Post 2, Golick of the 34th, Post 3, Graves of the 106th, Hanner of the 133rd, Holmes of the 48th, Post 1, Howell of the 92nd, Lucas of the 105th, Martin of the 37th, Powell of the 23rd, Sinkfield of the 50th, Smith of the 76th, Smyre of the 111th, Stephens of the 123rd, Thomas of the

FRIDAY, APRIL 11, 2003 43rd, Post 1, and Thompson of the 69th, Post 1.
They wish to be recorded as present.

2507

Prayer was offered by Dr. Kenneth L. Samuel, Pastor, Victory Church, Stone 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 Resolution of the House were introduced, read the first time and referred to the Committees:

HB 980. By Representatives Cummings of the 19th, Dodson of the 84th, Post 1 and Lunsford of the 85th, Post 2:

2508

JOURNAL OF THE HOUSE
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 add an additional dental hygienist to the Georgia Board of Dentistry; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 981. By Representatives Burmeister of the 96th, Gardner of the 42nd, Post 3, Drenner of the 57th, Reece of the 21st, Massey of the 24th 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 the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; to provide that contact lenses may be sold or dispensed into this state from outside the state only by providers who are licensed where they are located; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 982. By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3, Hines of the 35th 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 clerk of the probate court; and for other purposes.

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

HB 983. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act creating a new charter for the City of Gainesville, so as to revise the districts for the election of members of the board of education; and for other purposes.

FRIDAY, APRIL 11, 2003

2509

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

HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th 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 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 985. By Representatives Rogers of the 15th, Graves of the 10th, Lunsford of the 85th, Post 2, Lewis of the 12th, White of the 3rd, 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 allow joint enrollment for students in certain private schools and in certain home study programs; to provide for responsibilities of principals of private schools; to provide for payment of certain costs and fees for such students in certain circumstances; and for other purposes.

Referred to the Committee on Education.

HB 986. By Representatives Wix of the 33rd, Post 1, Parrish of the 102nd and Coleman of the 118th:
A BILL to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, so as to change requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as land surveyor; and for other purposes.

2510

JOURNAL OF THE HOUSE

Referred to the Committee on Governmental Affairs.

HR 722. By Representatives Mills of the 67th, Post 2, White of the 3rd, Post 2, Reece of the 21st and Walker of the 71st, Post 1:
A RESOLUTION relative to SB 23; and for other purposes.

Referred to the Committee on Judiciary.

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 989. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Purcell of the 122nd:
A BILL to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah; and for other purposes.

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

HB 990. By Representatives Bannister of the 70th, Post 1, Massey of the 24th and Coan of the 67th, Post 1:
A BILL to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to the 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 provide civil immunity for bondsmen relying good faith on certain official records; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 991. By Representative Stokes of the 72nd:

FRIDAY, APRIL 11, 2003

2511

A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton County with the costs paid by the City of Covington from city funds; and for other purposes.

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

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

HB 974 HB 975 HB 976 HB 977 HB 978 HB 979 HR 703 SB 206 SB 245 SB 288 SB 289

SB 295 SB 320 SB 321 SB 322 SB 323 SB 327 SB 332 SB 343 SB 360 SB 372

Pursuant to Rule 52, Representative Bannister of the 70th, Post 1 moved that the following Bill of the House be engrossed:

HB 978. 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.

The motion prevailed.

2512

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 182 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 945 HB 946 HB 949 HB 952 HB 956

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 970 HB 971 HB 973 HR 681

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, APRIL 11, 2003

FRIDAY, APRIL 11, 2003

2513

Mr. Speaker and Members of the House:

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

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 120 SR 121

Public property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee Public property; conveyances; Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, Baldwin Counties

DEBATE CALENDAR

SB 7 SB 104

Emergency Vehicles; Air Ambulance Services; licensure and regulation Deposit account fraud; increase the maximum service charge

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

HB 945. By Representatives Martin of the 37th, Jones of the 38th, Campbell of the 39th and Burkhalter of the 36th:
A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.

2514

JOURNAL OF THE HOUSE

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

HB 946. By Representative Coleman of the 118th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 949. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to amend an Act creating the Board of Education of McIntosh County, so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 970. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.

FRIDAY, APRIL 11, 2003

2515

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 971. By Representative Birdsong of the 104th:
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 681. By Representative Channell of the 77th:
A RESOLUTION supporting the creation of a Law Enforcement Museum and Hall of Fame; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 92, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 956. By Representative Coleman of the 118th:
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.

2516

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 973. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and 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 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 952. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of probate judge of Bacon 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 93, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

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

FRIDAY, APRIL 11, 2003

2517

The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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.
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

2518

JOURNAL OF THE HOUSE

period for Washington County; and for other purposes.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.

Representative Mills of the 67th, Post 2 moved to resolve the House into the Committee of the Whole for the purpose of considering HR 722.
The Speaker ruled the motion out of order.

Representative Mills of the 67th, Post 2 moved to appeal the ruling of the Chair.

Representative Mills of the 67th, Post 2 withdrew his motion to appeal the ruling of

the Chair.

FRIDAY, APRIL 11, 2003

2519

Representative Walker of the 71st, Post 1 served notice that on the next legislative day he would request that the Speaker resolve the House into the Committee of the Whole.

Representative Walker of the 71st, Post 1 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 Millar of the 52nd arose to a point of personal privilege and addressed the House.

Representative Casas of the 68th arose to a point of personal privilege and addressed the House.

Representative Coleman of the 65th 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 Smith of the 76th arose to a point of personal privilege and addressed the House.

Representative Jackson of the 124th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Jordan of the 83rd arose to a point of personal privilege and addressed the House.

2520

JOURNAL OF THE HOUSE

Representative Mosby of the 59th, Post 3 arose to a point of personal privilege and addressed the House.

Representative Brooks of the 47th arose to a point of personal privilege and addressed the House.

Representative McClinton of the 59th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Rice of the 64th 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 Maddox of the 59th, 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 Stanley-Turner of the 43rd, 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 Moraitakis of the 42nd, Post 4 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.

FRIDAY, APRIL 11, 2003

2521

Representative Howard of the 98th 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 Lucas of the 105th arose to a point of personal privilege and addressed the House.

Representative Holmes of the 48th, Post 1 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 Senate were taken up for consideration and read the third time:

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.

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

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

N Mobley Moraitakis
Y Morris Mosby
Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snow

2522
Boggs Y Bordeaux Y Borders Y Bridges Y Brock N 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

JOURNAL OF THE HOUSE

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

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

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

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

On the passage of the Bill, the ayes were 133, nays 18. The Bill, having received the requisite constitutional majority, was passed.

Representative Dean of the 49th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

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

FRIDAY, APRIL 11, 2003

2523

Counties, Georgia, and Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Chatham, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; authorizing the conveyance of certain property located in Chatham County, Colquit County, Paulding County, and White County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Chatham, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; and
WHEREAS, Baldwin County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville, the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power Company, Siguard Kviten, the Tennessee Department of Transportation, the Tennessee Valley Authority, the City of Canton, Cherokee County, the City of Cuthbert, Screven County, and the Georgia Ports Authority desire to operate and maintain facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Georgian Forestry Commission, Department of Defense, Department of Natural Resources, Department of Juvenile Justice, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Motor Vehicles, and the State Properties Commission with respect to property under the jurisdiction of their respective departments; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Chatham County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the 6th

2524

JOURNAL OF THE HOUSE

GMD of Chatham County, Georgia, as shown on sheets 15 and 72 of Chatham County/Georgia DOT Right of Way Plan, Project STP-4001(7) containing 0.265 of one acre to be acquired and 0.03 of one acre in easement rights and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and is a portion of the Savannah Crime Lab; (4) Chatham County is desirous of acquiring the above-described property in order to widen and improve Middleground Road and Mohawk Road; (5) The Georgia Bureau of Investigation has no objection to the conveyance of the above-described property and property interest to Chatham County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land District of Colquitt County, Georgia, as shown on a plat of survey entitled "Doc Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S. Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is a portion of Moultrie Technical College; (4) Colquitt County is desirous of acquiring the above-described property in order to widen and improve Doc Darbyshire Road; (5) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Colquitt County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Paulding County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land District 3rd Section of Paulding County, Georgia, as shown on a plat of survey entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of one acre and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;

FRIDAY, APRIL 11, 2003

2525

(3) Said property is under the custody of the Department of Natural Resources and is a portion of the Picketts Mill State Historic Site, New Hope Marker; (4) New Hope First Baptist Church adjoins the above mentioned historic site and is desirous of acquiring a portion of the site for use as a portion of their parking lot; (5) The Department of Natural Resources has no objection to the conveyance of the above-described property to New Hope First Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District of White County, Georgia, as shown on a White County Tax Plat #24 and containing approximately 5 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and is a portion of the White County Outdoor Therapeutic Center; (4) The above-described property is not contiguous to the White County Outdoor Therapeutic Center and is separated by Loudsville Road; (5) The adjoining property owners John Tarpley Head, Jr., and Tim Ravan have expressed an interest in acquiring the above-described property; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Georgia Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and

2526

JOURNAL OF THE HOUSE

operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 320th GMD of Baldwin County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a drawing dated December 13, 2001, prepared by Ingram & Watkins, LLC Consulting Engineers and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water sewer line.
SECTION 4. That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water line.
SECTION 5. That, after Baldwin County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission

FRIDAY, APRIL 11, 2003

2527

shall in its discretion determine to be in the best interests of the State of Georgia, and Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 11A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.

2528

JOURNAL OF THE HOUSE

SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 13.
That the State of Georgia is the owner of the hereinafter described real property in Clarke County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 216th GMD of Clarke County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland, Georgia Registered Land Surveyor # 1087 the and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 15. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 16. That Athens/Clarke County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said sanitary sewer line.
SECTION 17. That, after the Athens/Clarke County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Athens/Clarke

FRIDAY, APRIL 11, 2003

2529

County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18. That no title shall be conveyed to Athens/Clarke County and, except as herein specifically granted to Athens/Clarke County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Athens/Clarke County.
SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Athens/Clarke County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Athens/Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 20. That the easement granted to Athens/Clarke County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 21. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

2530

JOURNAL OF THE HOUSE

SECTION 22. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 23. That the authorization in this resolution to grant the above-described easement to Athens/Clarke County shall expire three years after the date that this resolution becomes effective.
SECTION 23A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Crisp County, and the property is in the custody of the Department of Juvenile Justice hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cordele, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer manhole in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer manhole together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 228 of the 10th Land District of Crisp County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing prepared

FRIDAY, APRIL 11, 2003

2531

by Keck and Wood, Inc., dated February 12, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 27. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer manhole.
SECTION 28. That the City of Cordele shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer manhole.
SECTION 29. That, after the City of Cordele has put into use the sanitary sewer manhole for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cordele, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 30. That no title shall be conveyed to the City of Cordele, and, except as herein specifically granted to the City of Cordele, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cordele.
SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cordele shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and

2532

JOURNAL OF THE HOUSE

approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cordele. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 32. That the easement granted to the City of Cordele shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 33. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Cordele shall expire three years after the date that this resolution becomes effective.
SECTION 35A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 37.

FRIDAY, APRIL 11, 2003

2533

That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 200 of the 23rd Land District of Floyd County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on utility plan sheets C10, C11and C12 entitled "Rome Probation Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 39. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
SECTION 40. That Atlanta Gas Light Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas line.
SECTION 41. That, after Atlanta Gas Light Company has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.

2534

JOURNAL OF THE HOUSE

SECTION 42. That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.
SECTION 43. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 44. That the easement granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 45. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

FRIDAY, APRIL 11, 2003

2535

SECTION 47. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 47A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 49.
That the State of Georgia is the owner of the hereinafter described real property in Forsyth County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Forsyth County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Forsyth County, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on plat of survey entitled "Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land Surveyor #1615, dated November 7, 2001 and all being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

2536

JOURNAL OF THE HOUSE

SECTION 51. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.
SECTION 52. That Forsyth County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.
SECTION 53. That, after Forsyth County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Forsyth County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 54. That no title shall be conveyed to Forsyth County, and, except as herein specifically granted to Forsyth County, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Forsyth County.
SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Forsyth County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Forsyth County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

FRIDAY, APRIL 11, 2003

2537

SECTION 56. That the easement granted to Forsyth County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 57. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58. That this grant of easement shall be recorded by the grantee in the Superior Court of Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That the authorization in this resolution to grant the above-described easement to Forsyth County shall expire three years after the date that this resolution becomes effective.
SECTION 59A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 61.
That the State of Georgia is the owner of the hereinafter described real property in Habersham County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

2538

JOURNAL OF THE HOUSE

SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Alto, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water well in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water well together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 196 of the 10th District of Habersham County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Survey For the Town of Alto", dated May 13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 63. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water well.
SECTION 64. That the City of Alto shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water well.
SECTION 65. That, after the City of Alto has put into use the water well for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Alto, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 66. That no title shall be conveyed to the City of Alto, and, except as herein specifically granted to the City of Alto, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Alto.

FRIDAY, APRIL 11, 2003

2539

SECTION 67. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Alto shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Alto. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 68. That the easement granted to the City of Alto shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 69. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70. That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That the authorization in this resolution to grant the above-described easement to the City of Alto shall expire three years after the date that this resolution becomes effective.
SECTION 71A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to

2540

JOURNAL OF THE HOUSE

the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 73. That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Corrections and Department of Motor Vehicles, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 411th GMD in the City of Gainesville, Hall County , Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Allen Creek Regional Sewerage Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia Registgered Land surveyor #2340 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 75. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 76. That The City of Gainesville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the

FRIDAY, APRIL 11, 2003

2541

proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 77. That, after the City of Gainesville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 78. That no title shall be conveyed to the City of Gainesville, and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 79. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the city of Gainesville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Gainesville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 80. That the easement granted to the City of Gainesville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

2542

JOURNAL OF THE HOUSE

SECTION 81. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83. That the authorization in this resolution to grant the above-described easement to the city of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 84A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
ARTICLE VIII SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Jasper County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia (MEAG), or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of

FRIDAY, APRIL 11, 2003

2543

ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in Land Lot 65 of the 16th District of Jasper County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 87. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 88. That MEAG shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 89. That, after MEAG has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, MEAG, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 90. That no title shall be conveyed to MEAG and, except as herein specifically granted to MEAG, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to MEAG.
SECTION 91. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across

2544

JOURNAL OF THE HOUSE

the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and MEAG shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by MEAG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 92. That the easement granted to MEAG shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 93. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 95. That the authorization in this resolution to grant the above-described easement to MEAG shall expire three years after the date that this resolution becomes effective.
SECTION 95A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.

FRIDAY, APRIL 11, 2003

2545

SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 97. That the State of Georgia is the owner of the hereinafter described real property in McDuffie County, and the property is in the custody of the Department of Technical And Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 98. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines, in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 134th GMD of McDuffie County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "City of Thomson at Augusta Technical Institute" dated March 20, 2002 prepared by John A. Mcgill, Georgia Registered Land Surveyor #1753 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 99. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 100. That the City of Thomson shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 101. That, the City of Thomson has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion

2546

JOURNAL OF THE HOUSE

to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 102. That no title shall be conveyed to the City of Thomson and, except as herein specifically granted to the City of Thomson, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Thomson.
SECTION 103. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 104. That the easement granted to the City of Thomson shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 105. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

FRIDAY, APRIL 11, 2003

2547

SECTION 106. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 107. That the authorization in this resolution to grant the above-described easement to the City of Thomson shall expire three years after the date that this resolution becomes effective.
SECTION 107A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 109.
That the State of Georgia is the owner of the hereinafter described real property in Glynn and McIntosh Counties, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 110. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of guy wires and anchors together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in within the boundary of the Altamaha Wildlife Management in Glynn and McIntosh Counties, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural Resources Resolution dated September 25, 2002 under project Altamaha WMA, and being on file in the offices of the State Properties Commission,'

2548

JOURNAL OF THE HOUSE

and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 111. That the above-described premises shall be used solely for the purpose of, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires and anchors.
SECTION 112. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said guy wires and anchors.
SECTION 113. That, after Georgia Power Company, has put into use the guy wires and anchors for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 114. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 115. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by

FRIDAY, APRIL 11, 2003

2549

Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 116. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 117. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 118. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn and McIntosh Counties, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 119A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 121.

2550

JOURNAL OF THE HOUSE

That the State of Georgia is the owner of the hereinafter described real property in Morgan County, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 122. That the State of Georgia, acting by and through its State Properties Commission, may grant to Sigurd Kviten, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the boundary of Hard Labor Creek State Park in Morgan County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a drawing
attached as Exhibit "A" to that certain Board of Natural Resources Resolution dated September 25, 2002 listed as Project "Hard Labor Creek State Park" and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 123. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 124. That Sigurd Kviten shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 125. That, after Sigurd Kviten has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Sigurd Kviten, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

FRIDAY, APRIL 11, 2003

2551

SECTION 126. That no title shall be conveyed to Sigurd Kviten, and, except as herein specifically granted to Sigurd Kviten, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Sigurd Kviten.
SECTION 127. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Sigurd Kviten or its successors and assigns shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Sigurd Kviten. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 128. That the easement granted to Sigurd Kviten shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 129. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 130. That this grant of easement shall be recorded by the grantee in the Superior Court of Morgan County and a recorded copy shall be forwarded to the State Properties Commission.

2552

JOURNAL OF THE HOUSE

SECTION 131. That the authorization in this resolution to grant the above-described easement to Sigurd Kviten shall expire three years after the date that this resolution becomes effective.
SECTION 131A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 132. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 133.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 134. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a bridge in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a bridge together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is more particularly described as follows:
'That portion and that portion only as marked in yellow on a drawing prepared by State of Tennessee Department of Transportation Bureau of Planning and Development and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

FRIDAY, APRIL 11, 2003

2553

SECTION 135. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said bridge.
SECTION 136. That, after the Tennessee Department of Transportation has put into use the bridge for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 137. That no title shall be conveyed to the Tennessee Department of Transportation, and, except as herein specifically granted to the Tennessee Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Department of Transportation.
SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 139. That the easement granted to the Tennessee Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties

2554

JOURNAL OF THE HOUSE

Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 140. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above-described easement to the Tennessee Department of Transportation shall expire three years after the date that this resolution becomes effective.
SECTION 142A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 144.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.

FRIDAY, APRIL 11, 2003

2555

SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in the First Civil District of Hamilton County, Tennessee, within Western and Atlantic Railroad right of way, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as shown on Sheet 1A of US-TVA drawing LW_1938, revision 4 prepared for the Tennessee Valley Authority, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 146. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 147. That, after the Tennessee Valley Authority has put into use the electrical distribution lines which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Valley Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 148. That no title shall be conveyed to the Tennessee Valley Authority, and, except as herein specifically granted to the Tennessee Valley Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority.
SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid

2556

JOURNAL OF THE HOUSE

interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Valley Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Valley Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 150. That the easement granted to the Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 151. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 152. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 153. That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective.
SECTION 153A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from

FRIDAY, APRIL 11, 2003

2557

the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 155. That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 156. That the State of Georgia, acting by and through its State Properties Commission, may grant to SED-Gray, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underground supports for a retaining wall in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating underground supports for a retaining wall, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as Grading and Drainage Plan, being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 157. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground support for a retaining wall.
SECTION 158. That, after SED-Gray, LLC has put into use the underground supports for a retaining wall which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, SED-Gray, LLC, or its successors and assigns, shall have the option of removing its facilities from the

2558

JOURNAL OF THE HOUSE

easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 159. That no title shall be conveyed to SED-Gray, LLC, and, except as herein specifically granted to SED-Gray, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to SEDGray, LLC.
SECTION 160. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and SED-Gray, LLC shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by SED-Gray, LLC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 161. That the easement granted to SED-Gray, LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 162. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 163. That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb

FRIDAY, APRIL 11, 2003

2559

County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 164. That the authorization in this resolution to grant the above-described easement to SEDGray, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 164A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 165. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XV SECTION 166.
That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 167. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Canton, Cherokee County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of storm water piping in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating storm water piping, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 159 of the 14th District, 2nd Section of Cherokee County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow as drawing provided by the City of Canton, Cherokee County, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval,'

2560

JOURNAL OF THE HOUSE

SECTION 168. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said storm water piping.
SECTION 169. That, after the City of Canton, Cherokee County, has put into use the storm water piping for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Canton, Cherokee County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 170. That no title shall be conveyed to the City of Canton, Cherokee County, and, except as herein specifically granted to the City of Canton, Cherokee County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Canton, Cherokee County.
SECTION 171. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Canton, Cherokee County, shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Canton, Cherokee County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 172. That the easement granted to the City of Canton, Cherokee County, shall contain such

FRIDAY, APRIL 11, 2003

2561

other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 173. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 174. That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 175. That the authorization in this resolution to grant the above-described easement to the City of Canton, Cherokee County, shall expire three years after the date that this resolution becomes effective.
SECTION 175A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 176. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 177.
That the State of Georgia is the owner of the hereinafter described real property in Screven County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.

2562

JOURNAL OF THE HOUSE

SECTION 178. That the State of Georgia, acting by and through its State Properties Commission, may grant to Screven County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of roadways in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating roadways, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 37th GMD of Screven County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "Property Survey for Screven County Old River County Road" dated December 17, 2001 and prepared by Warren E. Poythress, Georgia Registered Land Surveyor #1953 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 179. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said roadway.
SECTION 180. That, after Screven County has put into use the roadway for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Screven County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 181. That no title shall be conveyed to Screven County and, except as herein specifically granted to Screven County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Screven County.
SECTION 182. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid

FRIDAY, APRIL 11, 2003

2563

interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Screven County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Screven County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 183. That the easement granted to Screven County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 184. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 185. That this grant of easement shall be recorded by the grantee in the Superior Screven County, County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 185A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 186. That the authorization in this resolution to grant the above-described easement to Screven

2564

JOURNAL OF THE HOUSE

County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 187.
That the State of Georgia is the owner of the hereinafter described real property in Randolph County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 188. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cuthbert, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Land Lot 1 of the 6th District of Randolph County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "City of Cuthbert and State of Georgia" dated August 6, 2002, and prepared by B. H. Langford Jr. Georgia Registered Land Surveyor #2209 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 189. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 190. That, after the City of Cuthbert has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the City of Cuthbert, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

FRIDAY, APRIL 11, 2003

2565

SECTION 191. That no title shall be conveyed to the City of Cuthbert and, except as herein specifically granted to the City of Cuthbert, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cuthbert.
SECTION 192. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cuthbert shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cuthbert. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 193. That the easement granted to the City of Cuthbert shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 194. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 195. That this grant of easement shall be recorded by the grantee in the Superior Court of Randolph County and a recorded copy shall be forwarded to the State Properties Commission.

2566

JOURNAL OF THE HOUSE

SECTION 196. That the authorization in this resolution to grant the above-described easement to the City of Cuthbert County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVIII SECTION 197.
That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 198. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Ports Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a container berth dock in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a container berth dock, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 8th GMD of Chatham County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a drawing entitled "Dock Plan Georgia Ports Authority Garden City Terminal" dated December 14, 2001, and being sheet 4 of 8 and prepared by Applied Technology Management, Inc. and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 199. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said container berth dock.
SECTION 200. That, after the Georgia Ports Authority has put into use the container berth dock for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the Georgia Ports Authority, or its successors and assigns, shall have the option of removing its facilities

FRIDAY, APRIL 11, 2003

2567

from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 201. That no title shall be conveyed to the Georgia Ports Authority and, except as herein specifically granted to the Georgia Ports Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Ports Authority.
SECTION 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Georgia Ports Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Georgia Ports Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 203. That the easement granted to the Georgia Ports Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 204. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

2568

JOURNAL OF THE HOUSE

SECTION 205. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 206. That the authorization in this resolution to grant the above-described easement to the Georgia Ports Authority County shall expire three years after the date that this resolution becomes effective.
ARTICLE XIX SECTION 207.
That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 208. That the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 209. That the authorization in this resolution to convey the above-described property to Chatham County shall expire three years after the date that this resolution becomes effective.
SECTION 210. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 211. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 212. That custody of the above-described property shall remain the custody of the Georgia Bureau of Investigation until the property is conveyed to Chatham County.

FRIDAY, APRIL 11, 2003

2569

ARTICLE XX SECTION 213.
That the State of Georgia is the owner of the above-described Colquit County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 214. That the above-described real property may be conveyed by appropriate instrument to Colquit County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 215. That the authorization in this resolution to convey the above-described property to Colquit County shall expire three years after the date that this resolution becomes effective.
SECTION 216. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 217. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquit County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 218. That custody of the above-described property shall remain the custody of the Department of Technical and Adult Education until the property is conveyed to Colquit County.
ARTICLE XXI SECTION 219.
That the State of Georgia is the owner of the above-described Paulding County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 220. That the above-described real property may be conveyed by appropriate instrument to New Hope First Baptist Church by the State of Georgia acting by and through its State

2570

JOURNAL OF THE HOUSE

Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 221. That the authorization in this resolution to convey the above-described property to New Hope First Baptist Church shall expire three years after the date that this resolution becomes effective.
SECTION 222. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 223. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 224. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 225. That custody of the above-described property shall remain the custody of the Department of Natural Resources until the property is conveyed to New Hope First Baptist Church.
ARTICLE XXII SECTION 226.
That the State of Georgia is the owner of the above-described White County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 227. That the above-described real property may be conveyed by appropriate instrument to the adjoining property owned, John Tarpley Head and Tim Ravan by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

FRIDAY, APRIL 11, 2003

2571

SECTION 228. That the authorization in this resolution to convey the above-described property to John Tarpley Head and Tim Ravan shall expire three years after the date that this resolution becomes effective.
SECTION 229. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 230. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 231. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 232. That custody of the above-described property shall remain the custody of the Department of Human Resources until the property is conveyed to John Tarpley Head and Tim Ravan.
ARTICLE XXIII SECTION 233. That all laws and parts of laws in conflict with this resolution are repealed.

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

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

2572

JOURNAL OF THE HOUSE
located in Decatur County, Georgia; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain State owned real property located in 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; authorizing the conveyance of certain State owned real property located in Fulton County, Georgia; authorizing the conveyance of certain State owned real property located in Coffee County, Georgia; authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 100 of the 9th Land District, Muscogee County and containing approximately 2.57 acres as shown as Parcel B1 on a plat of survey entitled "Georgia Bureau of Investigation", May 1, 2002, and prepared by Mitchell J. Paulk, Georgia Registered Land Surveyor #2773 and being on file in the offices of the State Properties Commission, and may be more particularly described on plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and was formerly the site of the Western Regional Crime Lab; (4) The above-described property was conveyed to the State in 1973 by Muscogee County for a consideration of $1.00; (5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Muscogee County is desirous of acquiring the above-described property from the State for use as a Police Precinct; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in

FRIDAY, APRIL 11, 2003

2573

Richmond County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 600th GMD of Richmond County containing approximately 0.49 of one acre, and being more particularly described on a plat of survey entitled "Proposed Acquisition by the State of Georgia", dated September 1, 1976, and prepared by Charles T. Dillard, Georgia Registered Land Surveyor #1834 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and was the former site of the Eastern Regional Crime Lab; (4) The above-described property was conveyed to the State in 1978 by the City of Augusta for a consideration of $1.00; (5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Richmond County is desirous of acquiring the above-described property from the State for use by the Richmond County Sheriffs Department; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Talbot County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 203 of the 16th District of Talbot County and being more particularly described as follows: Beginning at a stake on the east side of U. S. Highway #80, which said stake is 1225 feet south as measured along the east side of said right of way from the north line of Land Lot 203, and proceeding from said point of beginning south 63 degrees east a distance of 209 feet to a stake; thence south 34 degrees west a distance of 209 feet to a stake; thence north 63 degrees west a distance of 209 feet to a stake on said right of way; thence north 34 degrees east along the east side of said right of way a distance of 209 feet to the point of beginning. Said tract bounded, now or formerly, as follows: North by lands of H. H. Harrison; east by other lands of Talbot County, Georgia; south by property of the State Highway Department; west by the right of way of U. S. Highway #80. Said tract contains one acre of land, more or less, and being the west half of the lands described in a deed from H. H. Harrison to Talbot County, Georgia dated February 21, 1956, and of record in deed book YY, page 326, Clerks Office Talbot Superior Court, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Talbot County Georgia Forestry Unit Headquarters; (4) Talbot County conveyed the above-described property to the State of Georgia in 1956 for a consideration of $5.00;

2574

JOURNAL OF THE HOUSE

(5) The Georgia Forestry Commission intends to construct a new Unit Headquarters in Talbot County and intends to declare the above-described property surplus to the need of the Commission once the new facility is completed; (6) Talbot County is desirous of acquiring the above-described property once it is declared surplus by the State; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in the Land Lots 98 and 99 of the 12th District of Troup County and containing approximately 110.23 acres as more fully shown as Tract A containing 59.918 acres and Shiloh Cemetary containing 1.404 acres on a plat of survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (North Site)", prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 20, 2002, and recorded in Plat Book 65, Page 219 in the Office of the Clerk of the Superior Court of Troup County, Georgia; and the property more fully shown as Tract B containing 46.764 acres and Tract C containing 2.148 acres, on a plat or survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (South Site)" prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 25, 2002, and recorded in Plat Book 65, Page 218 in the Office of the Clerk of the Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) The Troup County Board of Education has acquired the underlying fee interest in the above-described property as the site of a new middle school; (5) The Troup County Board of Education is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property; (6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in Land Lots 11 and 161 of the 6th and 12th Land Districts of Troup County and containing approximately 17 acres as more fully shown as Parcel 1, Tract 1 of Project

FRIDAY, APRIL 11, 2003

2575

"Youngs Mill Road Bridge Replacement Georgia D.O.T. Project No. BRLBZ285(21); and Parcel 1, Tract 2 of Project "Youngs Mill Road Bridge Replacement Georgia D.O.T Project No. BRLBZ-285(21), plans of such projects being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) Troup County has acquired the underlying fee interest in the above-described property as part of a project to replace a bridge over Youngs Mill Road; (5) Troup County is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property; (6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 429 of the 15th Land District of Decatur County and containing approximately 15 acres as more fully shown highlighted in yellow on a plat of survey entitled "Proposed State Property-Bainbridge Air Base" as prepared by Murff Hawkins, Georgia Registered Land Surveyor # 726, dated March 31, 1966 being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Southwest Georgia Regional Hospital, under the custody of the Department of Corrections; (4) Decatur County conveyed the above-described property, which is a portion of a 209 acre tract, to the State of Georgia in 1966 for a consideration of $1.00; (5) Decatur owns property adjoining the above-described property and operates a County owned golf course on said adjoining County owned property; (6) Decatur County is desirous of acquiring the above-described property in order to expand and improve said golf course; (7) The Department of Corrections has no objection to the conveyance of the abovedescribed property to Decatur for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Fulton County, Georgia;

2576

JOURNAL OF THE HOUSE

(2) Said real property is all those tracts or parcels of land lying and being in Land Lot 365 of the 6th Land District of Fulton County and containing approximately 11.46 acres as more fully shown on a plat of survey entitled "Island Ford Park Site" as prepared by Jean G. Gibbs, Georgia Registered Land Surveyor # 1546, dated August 20, 1975, being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was conveyed to Fulton County by the State of Georgia in 1975 for a consideration of $10.00 and the assurance that the County would develop the property for public recreational purposes; (4) The deed of conveyance contained language providing that if Fulton County should fail to develop the property for public recreational purposes within a year of the propertys conveyance to the County then the property shall revert to the State of Georgia; (5) The above-described property provides a critical linkage between two parcels developed and owned by the National Park Service along the Chattahoochee River National Recreation Area; (6) The Trust for Public Land is desirous of placing a conservation easement on the property in order to preserve the property in perpetuity; (7) Fulton County is desirous of counting the above-described property toward the State of Georgias Greenspace protection goal; (8) It has been determined that compliance with the above-stated deed development restriction by Fulton County is in question; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 175 of the 6th Land District of Coffee County and containing approximately 3 acres and more particularly described as follows: BEGINNING on the west boundary line of the right of way of U. S. Highway No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4 feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of Georgia State Patrol Post 36; (4) Coffee County conveyed the above-described property to the State of Georgia in 1964 for a consideration of $10.00; (5) Coffee County intends to construct a new Georgia State Patrol Post for use by the

FRIDAY, APRIL 11, 2003

2577

State; (6) Coffee County is desirous of acquiring the above-described property once the Georgia State Patrol has occupied the new facility; (7) The Georgia State Patrol has no objection to the conveyance of the abovedescribed property to Coffee County for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 258 of the 1st Land District of Baldwin County and containing approximately 0.38 of one acre and more particularly described as being tract 3 on a plat of survey prepared by Ralph A. True, Georgia Registered Land Surveyor # 2202, dated July 18, 2002, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is separated from other State owned property by Thomas Field Road; (4) Said property adjoins the residence of Russell Bloodworth et al; (5) Russell Bloodworth et al is desirous of acquiring the above-described property for inclusion in his residence; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described Muscogee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real properties may be conveyed by appropriate instrument to the Consolidated Government of Columbus, Georgia, by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

2578

JOURNAL OF THE HOUSE

SECTION 3. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
SECTION 5. That the deeds of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Georgia Bureau of Investigation until the property is conveyed to the Consolidated Government of Columbus, Georgia.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described Richmond County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That above-described property may be conveyed to Augusta/Richmond County by appropriate instrument by the State of Georgia acting by and through its State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
SECTION 11. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of

FRIDAY, APRIL 11, 2003

2579

Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described Talbot County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real property may be conveyed by appropriate instrument to Talbot County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the above-described property shall not be conveyed to Talbot County until after said property has been declared surplus by the Georgia Forestry Commission.
SECTION 16. That the authorization in this resolution to convey the above-described property to Talbot County shall expire three years after the date that this resolution becomes effective.
SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 18. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Talbot County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 19. That custody of the property will remain in the Georgia Forestry Commission until the property is conveyed.

2580

JOURNAL OF THE HOUSE

ARTICLE IV SECTION 20.
That the State of Georgia is the owner of a property interest in the above-described Troup County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 21. That the above-described real property interest may be conveyed by appropriate instrument to the Troup County Board of Education by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 22. That the authorization in this resolution to convey the above-described property interest to the Troup County Board of Education County shall expire three years after the date that this resolution becomes effective.
SECTION 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 24. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of a property interest in the above-described Troup County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described real property interest may be conveyed by appropriate instrument to Troup County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

FRIDAY, APRIL 11, 2003

2581

SECTION 27. That the authorization in this resolution to convey the above-described property interest to Troup County shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI SECTION 30.
That the State of Georgia is the owner of the above-described Decatur County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 31. That the above-described real property may be conveyed by appropriate instrument to Decatur County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 32. That the authorization in this resolution to convey the above-described property to Decatur County shall expire three years after the date that this resolution becomes effective.
SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 34. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.

2582

JOURNAL OF THE HOUSE

SECTION 35. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE VII SECTION 36.
That the State of Georgia is the owner of the above-described Fulton County real property interest and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 37. That the above-described real property interest may be conveyed by appropriate instrument to Fulton County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 38. That the authorization in this resolution to convey the above-described property interest to Fulton County shall expire three years after the date that this resolution becomes effective.
SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 40. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VIII SECTION 41.
That the State of Georgia is the owner of the above-described Coffee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 42. That the above-described real property may be conveyed by appropriate instrument to Coffee County by the State of Georgia, acting by and through the State Properties

FRIDAY, APRIL 11, 2003

2583

Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 43. That the authorization in this resolution to convey the above-described property to Coffee County shall expire three years after the date that this resolution becomes effective.
SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 45. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 46. That custody of the above-described property shall remain in the custody of the Georgia State Patrol until the property is conveyed.
ARTICLE IX SECTION 47.
That the State of Georgia is the owner of the above-described Baldwin County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 48. That the above-described real property may be conveyed by appropriate instrument to Russell Bloodworth et al by the State of Georgia, acting by and through the State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 49. That the authorization in this resolution to convey the above-described property to Russell Bloodworth et al shall expire three years after the date that this resolution becomes effective.

2584

JOURNAL OF THE HOUSE

SECTION 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 51. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 52. That custody of the above-described property shall remain in the custody of the Department of Human Resources until the property is conveyed.
ARTICLE X SECTION 53.
That all laws and parts of laws in conflict with this resolution are repealed.

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

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 E Ashe Y Bannister E Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome
Brown

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd E Forster

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

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
Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T E Smith, V
Smyre Snow Stanley-Turner Y Stephens, E Y Stephens, R Stephenson Y 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 Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 11, 2003

Y Franklin Gardner
Y Golick Y Graves, D
Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell E McBee E McCall
McClinton Y Millar Y Mills Y Mitchell

Y Ralston E 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 E Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

2585
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

On the adoption of the Resolutions, the ayes were 130, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Graves of the 10th and Jenkins of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

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

2586

JOURNAL OF THE HOUSE

Y Amerson Anderson
E Ashe Y Bannister E Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black
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 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 E Forster N Franklin
Gardner Y Golick Y Graves, D
Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

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

On the passage of the Bill, the ayes were 142, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Graves of the 10th and Jenkins of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

FRIDAY, APRIL 11, 2003

2587

HR 746. By Representatives Smyre of the 111th, Coleman of the 118th, Lucas of the 105th, Brooks of the 47th, Dean of the 49th and others:
A RESOLUTION expressing regret at the passing of Mr. Gary Mayo Holmes; and for other purposes.

HR 747. By Representative Hembree of the 46th:
A RESOLUTION honoring the memory of Francis Marian Mitchell; and for other purposes.

HR 748. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Hill of the 81st, Dodson of the 84th, Post 1, Heckstall of the 48th, Post 3 and others:
A RESOLUTION commending the City of Jonesboro Fire Department; and for other purposes.

HR 749. By Representatives Heard of the 70th, Post 3 and Bannister of the 70th, Post 1:
A RESOLUTION commending Keaston White; and for other purposes.

HR 750. By Representatives Heard of the 70th, Post 3 and Bannister of the 70th, Post 1:
A RESOLUTION commending Vanessa Olivarez; and for other purposes.

HR 751. By Representatives Cummings of the 19th, Jenkins of the 93rd, Coleman of the 118th, Royal of the 140th and Coleman of the 65th:
A RESOLUTION commending Glenn Newsome for distinguished public service; and for other purposes.

HR 752. By Representative Ralston of the 6th: A RESOLUTION commending Nancy Gantt Proffitt; and for other purposes.

2588

JOURNAL OF THE HOUSE

HR 753. By Representatives Boggs of the 145th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Fleming of the 79th:
A RESOLUTION commending CSX Transportation's Rice Yard in Waycross on its 25th anniversary as a major North American rail hub; and for other purposes.

HR 754. By Representative Smith of the 129th, Post 2:
A RESOLUTION expressing sympathy at the passing of Claude Ramsden Glaze; and for other purposes.

HR 755. By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A RESOLUTION recognizing May 3-11, 2003, as National Emu Week in Georgia and commending the Georgia Emu Association for its unrelenting efforts to forge an alternative livestock market in Georgia; and for other purposes.

HR 756. By Representatives Snow of the 1st, Reece of the 11th, Jenkins of the 93rd, Coleman of the 118th and Boggs of the 145th:
A RESOLUTION commending Gary W. McConnell; and for other purposes.

HR 757. By Representatives Wilkinson of the 41st, Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Porter of the 119th and Rice of the 64th:
A RESOLUTION commending Sandra Parrish Rink; and for other purposes.

HR 758. By Representatives Dooley of the 33rd, Post 3, Coleman of the 118th, Porter of the 119th, Skipper of the 116th and Westmoreland of the 86th:
A RESOLUTION commending the staff of the House of Representatives for the 2003 Regular Session; and for other purposes.
HR 759. By Representatives Smith of the 76th, Douglas of the 73rd, Ehrhart of the 28th, Keen of the 146th, Burkhalter of the 36th and others:

FRIDAY, APRIL 11, 2003

2589

A RESOLUTION commending Captain Chris Carter, a valiant U. S. Army Ranger; 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 178 Do Pass SB 254 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 258 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:

2590

JOURNAL OF THE HOUSE

Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 233 Do Pass, as Amended

Respectfully submitted, /s/ Smith of the 13th, Post 2
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 243 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 272 Do Pass
Respectfully submitted, /s/ Lucas of the 105th
Chairman

FRIDAY, APRIL 11, 2003

2591

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 151 Do Pass SB 187 Do Pass SB 214 Do Pass, by Substitute

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 substitute, by the requisite constitutional majority, the following bill of the House:
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.

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 1:00 o'clock P.M. the next legislative day.

2592

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Monday, April 14, 2003

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

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

Amerson Ashe Bannister Barnard Barnes Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Bunn Butler Campbell Casas Chambers Channell Childers Coleman, B Cooper

Crawford Cummings Day Deloach Dix Dodson Dollar Dooley Douglas Drenner Ehrhart Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Hanner Harper Harrell Heard, J

Heard, K Heath Hembree Hill, C Hill, C.A Hill, V Hines Howell Hugley Jackson Jamieson Jones Jordan E Joyce Keen Knox Lane Lewis Maddox Manning Martin Maxwell E McCall Millar Mills Mitchell Moraitakis

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

Sholar Sims Skipper Smith, L Smith, P Smith, V Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, R.L Warren Watson Westmoreland White Wilkinson Willard E Williams, A Williams, E Williams, R Wix

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Bordeaux of the 125th, Bruce of the 45th, Burkhalter of the 36th, Burmeister of the 96th, Dean of the 49th, Floyd of the 69th, Post 2, Golick of the 34th, Post 3, Harbin of the 80th, Heckstall of the 48th, Post 3, Henson of the 55th, Houston of the 139th, Hudson of the 95th, James of the 114th, Jenkins of the 93rd, Lord of the 103rd, Lucas of the 105th, Lunsford of the 85th, Post 2, Mangham of the 62nd, Marin of the 66th, Powell of the 23rd, Ray of the 108th, Roberts of the 131st, Smith of the 76th, Smyre of the 111th, Thomas of the 43rd, Post 1, and Walker of the 115th.

MONDAY, APRIL 14, 2003 They wish to be recorded as present.

2593

Prayer was offered by the Rev. Jackey Beavers, Chaplain, Georgia House of Representatives.

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.

The Speaker assumed the Chair.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 987. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:

2594

JOURNAL OF THE HOUSE
A BILL to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.

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

HB 988. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.

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

HB 992. By Representatives Drenner of the 57th, Henson of the 55th and Dooley of the 33rd, Post 3:
A BILL to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to repeal the definition of "prior approved system"; to authorize the Department of Human Resources to adopt state-wide regulations for on-site sewage management systems; to authorize the department to require prior examination and approval of such systems before use in Georgia; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 993. By Representative Harbin of the 80th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide certain income tax credits for pharmaceutical companies locating or expanding facilities within the state; and for other purposes.

MONDAY, APRIL 14, 2003 Referred to the Committee on Ways & Means.

2595

HB 994. By Representatives Howard of the 98th, Bruce of the 45th, Warren of the 99th, Murphy of the 97th, Walker of the 115th and others:
A BILL to amend Code Section 15-12-101 of the Official Code of Georgia Annotated, relating to supervision and dissolution of and additional investigations by special grand juries in counties and consolidated citycounty governments having a population of 70,000 or more, so as to provide for additional circumstances under which such special grand juries shall be dissolved or continued; and for other purposes.

Referred to the Committee on Judiciary.

HB 995. By Representatives Day of the 126th, Oliver of the 56th, Post 2, Crawford of the 91st and Willard of the 40th:
A BILL to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to provide for continuing education requirements for clerks of courts; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 996. By Representative Parrish of the 102nd:
A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms of said board; and for other purposes.

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

HB 997. By Representative Hembree of the 46th, Brooks of the 47th, Thomas of the 33rd, Post 2, Dooley of the 33rd, Post 3, Bruce of the 45th, and others:
A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot;

2596

JOURNAL OF THE HOUSE
to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing authority; and for other purposes.

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

HB 998. By Representatives Royal of the 140th, Scott of the 138th, Rynders of the 137th and Houston of the 139th:
A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for 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 999. By Representatives Bordeaux of the 125th and Stephens of the 123rd:
A BILL to amend an Act creating a new charter for the City of Bloomingdale, so as to change the corporate limits of that city; and for other purposes.

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

HR 743. By Representative Harbin of the 80th:
A RESOLUTION creating the House Study Committee on Adapted Athletics; and for other purposes.

Referred to the Committee on Rules.

HR 744. By Representatives Heckstall of the 48th, Post 3, Stephenson of the 60th, Post 1, Fludd of the 48th, Post 4, Thomas of the 43rd, Post 1, Jackson of the 124th, Post 1 and others:

MONDAY, APRIL 14, 2003

2597

A RESOLUTION urging the President of the United States, the United States Congress, and the United States Department of Defense to conceive and devise policies and actions to offer African Americans enhanced opportunities to participate in postwar economic redevelopment and reconstruction efforts in Iraq; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HR 745. By Representatives Smith of the 76th, Cummings of the 19th, Bridges of the 7th, Smith of the 13th, Post 2, Floyd of the 132nd and others:
A RESOLUTION creating the House Study Committee on the Hearing Impaired; and for other purposes.

Referred to the Committee on Health and Human Services.

HR 760. By Representative Channell of the 77th:
A RESOLUTION creating the House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; 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 1000. By Representatives Stephens of the 123rd, Stephens of the 124th, Post 2, Bordeaux of the 125th, Jackson of the 124th, Post 1 and Purcell of the 122nd:
A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman of the board; and for other purposes.

2598

JOURNAL OF THE HOUSE

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

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

HB 980 HB 981 HB 982 HB 983 HB 984 HB 985

HB 986 HB 989 HB 990 HB 991 HR 722

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 200 Do Pass SB 201 Do Pass

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

HR 320 Do Pass HR 321 Do Pass HR 403 Do Pass

HR 531 Do Pass HR 532 Do Pass

MONDAY, APRIL 14, 2003
Respectfully submitted, /s/ Smyre of the 111th
Chairman

2599

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 947 HB 974 HB 979 SB 84

Do Pass Do Pass Do Pass Do Pass, by Substitute

SB 158 SB 260 SB 289 SB 332

Do Pass Do Pass, as Amended Do Pass, by Substitute 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 MONDAY, APRIL 14, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

SB 20 SB 29 SB 71

Assault; person with HIV or hepatitis endangering peace/correctional officers Electronic/Communication devices; local board of education to establish policy for students in school Disaster relief; counseling services; license exemption

2600

JOURNAL OF THE HOUSE

SB 101
SB 105 SB 134 SB 205
SB 213
SB 255 SB 329

Sexually violent predators; prohibited within proximity of minors or areas where minors congregate Bad checks; increase maximum service charge; mailing notices Watercraft; vessel classification; required equipment; reportable accidents Illegal drug trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty Fireworks, pyrotechnics; public displays; proximate audience; site permits, licensure University System Employees; doing business with state; exception Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act

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 947. By Representative Elrod of the 25th:
A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications, powers, duties, rights, and 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 ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 974. By Representatives Elrod of the 25th and Massey of the 24th:

MONDAY, APRIL 14, 2003

2601

A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.

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 979. 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 Commissioners of Jones County, so as to reapportion the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

2602

JOURNAL OF THE HOUSE

A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The tax commissioner of Chatham County shall remit all educational funds collected by said officer to the Board of Education of Chatham County, except that for the fiscal year beginning July 1, 2003, and ending June 30, 2004, 1 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes and for all fiscal years thereafter 1.75 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes.
SECTION 2. It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia.
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.

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

MONDAY, APRIL 14, 2003

2603

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.

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 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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 260 by striking line 18 of page 13 and inserting in lieu thereof the following:
"the Constitution and laws of the State of Georgia and of the United States of America, so help me God.'"

2604

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 289. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general 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.

The following Committee substitute was read and adopted:

A BILL
To provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin 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 probate judge of Franklin County and for the office of chief magistrate of Franklin 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 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 probate judge of Franklin County or chief magistrate of Franklin County in office on the effective date of this Act. The

MONDAY, APRIL 14, 2003

2605

sitting probate judge and sitting chief magistrate shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Franklin 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.
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.

SB 332. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County shall be nonpartisan elections held at the time of certain November general 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.

The following Committee substitute was read and adopted:

A BILL

2606

JOURNAL OF THE HOUSE

To provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart 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 probate judge of Hart County and for the office of chief magistrate of Hart 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 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 probate judge of Hart County or chief magistrate of Hart County in office on the effective date of this Act. The sitting probate judge and sitting chief magistrate shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Hart 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.
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.

MONDAY, APRIL 14, 2003

2607

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 202. By Senator Dean of the 31st:
A BILL to be entitled an Act to create the Cartersville Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to repeal conflicting laws; and for other purposes.
SB 209. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to provide for the DeKalb County Board of Registrations and Elections; to provide for the board as a successor to the board created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 251. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), so as to provide for the nonpartisan election of the members of such board of education; to repeal conflicting laws; and for other purposes.

2608

JOURNAL OF THE HOUSE

SB 252. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4215), so as to provide for the compensation and reimbursement of expenses of the chairperson and members of the Board of Education of Hart County; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 270. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide for a mayor pro tem. and the duties and powers thereof; to change the provisions regarding vacancies in office; to repeal conflicting laws; and for other purposes.
SB 275. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 276. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 308. By Senator Dean of the 31st:
A BILL to be entitled an Act to amend an Act creating the Joint Cartersville-

MONDAY, APRIL 14, 2003

2609

Bartow County Regional Industrial Development Authority, approved April 25, 2002 (Ga. L. 2002, p. 4364), so as to change certain provisions relating to tax exemptions; to repeal conflicting laws; and for other purposes.
SB 362. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date, the repeal of existing enabling legislation and other conflicting laws; and for other purposes.
SB 363. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
SB 364. By Senators Bulloch of the 11th and Bowen of the 13th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Colquitt County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
SB 366. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to provide a new charter for the City of Sugar Hill; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers, and ordinances of the city; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for definitions and constructions and penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
SB 368. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and

2610

JOURNAL OF THE HOUSE

election of the judge of the Probate Court of Grady County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
SB 369. By Senator Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Macon 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; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 373. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Madison County and for the office of chief magistrate of Madison 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.
SB 377. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for exercise of powers; to provide for governing authority of such city; to provide for terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for compensation of members of the governing authority; to provide prohibitions for elected officials; to authorize inquiries and investigations by the governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:

MONDAY, APRIL 14, 2003

2611

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.
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.
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.
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.
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.
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.

2612

JOURNAL OF THE HOUSE

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

MONDAY, APRIL 14, 2003 members of the board of education; and for other purposes.

2613

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

SB 202. By Senator Dean of the 31st:
A BILL to be entitled an Act to create the Cartersville Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to repeal conflicting laws; and for other purposes.

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

SB 209. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to provide for the DeKalb County Board of Registrations and Elections; to provide for the board as a successor to the board created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 251. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of

2614

JOURNAL OF THE HOUSE
Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), so as to provide for the nonpartisan election of the members of such board of education; to repeal conflicting laws; and for other purposes.

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

SB 252. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4215), so as to provide for the compensation and reimbursement of expenses of the chairperson and members of the Board of Education of Hart County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 270. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide for a mayor pro tem. and the duties and powers thereof; to change the provisions regarding vacancies in office; to repeal conflicting laws; and for other purposes.

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

SB 275. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for

MONDAY, APRIL 14, 2003 other purposes.

2615

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

SB 276. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 308. By Senator Dean of the 31st:
A BILL to be entitled an Act to amend an Act creating the Joint CartersvilleBartow County Regional Industrial Development Authority, approved April 25, 2002 (Ga. L. 2002, p. 4364), so as to change certain provisions relating to tax exemptions; to repeal conflicting laws; and for other purposes.

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

SB 362. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date, the repeal of existing enabling legislation and other conflicting laws; and for other purposes.

2616

JOURNAL OF THE HOUSE

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

SB 363. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

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

SB 364. By Senators Bulloch of the 11th and Bowen of the 13th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Colquitt County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

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

SB 366. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to provide a new charter for the City of Sugar Hill; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers, and ordinances of the city; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for definitions and constructions and penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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

SB 368. By Senator Bulloch of the 11th:

MONDAY, APRIL 14, 2003

2617

A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Grady County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

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

SB 369. By Senator Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Macon 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; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 373. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Madison County and for the office of chief magistrate of Madison 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.

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

SB 377. By Senator Shafer of the 48th: A BILL to be entitled an Act to amend an Act creating a new charter for the

2618

JOURNAL OF THE HOUSE
City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for exercise of powers; to provide for governing authority of such city; to provide for terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for compensation of members of the governing authority; to provide prohibitions for elected officials; to authorize inquiries and investigations by the governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

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

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

Representative Jamieson of the 22nd 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 Randall of the 107th arose to a point of personal privilege and addressed the House.

Representative Roberts of the 135th 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 761. By Representative Elrod of the 25th: A RESOLUTION commending the Jefferson High School Wrestling Team

MONDAY, APRIL 14, 2003

2619

and inviting the team and its coaches 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 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.

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.

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:
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.

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:

2620

JOURNAL OF THE HOUSE
A RESOLUTION honoring Natalie Koch Levy, M. D., and inviting her to appear before the House of Representatives; and for other purposes.

Representative Walker of the 71st, Post 1 moved that the House resolve itself into the Committee of the Whole.

The Speaker ruled the motion out of order.

Representative Walker of the 71st, Post 1 moved that SB 23 be withdrawn from the Committee on Judiciary and recommitted to the Committee of the Whole.

Representative Skipper of the 116th objected.

Representative Mills of the 67th moved to suspend the rules in order for SB 23 to be withdrawn from the Committee on Judiciary and recommitted to the Committee of the Whole.

Representative Lucas of the 105th objected.

The Speaker Pro Tem assumed the Chair.

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

SB 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

MONDAY, APRIL 14, 2003

2621

for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y 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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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 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 E 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 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

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 E 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.

2622

JOURNAL OF THE HOUSE

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.

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

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 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 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
Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E 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
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 N Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor

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 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 E Williams, A Y Williams, E

Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 14, 2003

Y Heckstall Y Hembree Y Henson N Hill, C

Y McClinton Y Millar Y Mills Y Mitchell

Y Scott Y Shaw Y Sheldon Y Sholar

2623
Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 159, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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 N 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 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 Hill, C.A Y Hill, V Y Hines Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce
Keen Y Knox Y Lane Y Lewis Y Lord

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
Orrock Parham Y Parrish Y Parsons Porter Y Powell N Purcell N Ralston Y Randall Y Ray

Sims Y Sinkfield
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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson

2624
Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, D N 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 Y Henson Y Hill, C

Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall
McClinton Y Millar Y Mills N Mitchell

E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw Y Sheldon Y Sholar

Y Twiggs N Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard E Williams, A N Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 141, nays 18. The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

Representative Martin of the 37th moves to amend SB 29 as follows:
On line 23 of page 1, put a period after the word "time" and strike the balance of line 23 and line 24.

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:

MONDAY, APRIL 14, 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 E 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 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 E Joyce
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
McBee E 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 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

2625
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 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 E 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 mailing; to provide for related matters; to repeal conflicting laws; and for

2626

JOURNAL OF THE HOUSE other purposes.

The following Committee substitute was read:

A BILL
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 mailing; 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 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking subsections (a), (b), and (c) and inserting in their respective places the following:
"(a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail, or statutory overnight delivery, or first-class mail supported by an affidavit of service at the address printed or written on the check given by the maker at the time of issuance or, in the case of a draft or order, to the last known address, the notice to be deemed conclusive ten days following the date the affidavit is executed, shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $25.00 $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment. (c) Before any recovery under subsection (a) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail, or statutory overnight delivery, or first-class mail supported by an affidavit of service to the address printed or written on the check given by the maker at the time of issuance of the check or, in the case of a draft or order, to the last known address, the notice to be

MONDAY, APRIL 14, 2003

2627

deemed conclusive ten days following the date the affidavit is executed, to the maker of the instrument at the address shown on the instrument:
'You are hereby notified that a check or instrument numbered ___________, issued by you on ______________(date), drawn upon ___________(name of bank), and payable to _______________________, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 $30.00 or 5 percent of the face amount of the check or instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, the total amount due being $___________. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Walker of the 115th et al. move to amend the Committee substitute to SB 105 as follows:
By deleting the under-lined portions of lines 17 through 20 page 1 and by adding a new sentence at the end of line 23, page 1 to read as follows: "In addition to delivery of notice as provided for herein, notice may be given by first-class mail to the address printed on the check given by the maker at the time of issuance or, in the case of a draft or order, to the last known address. If the question of sufficiency of notice becomes an issue, when notice is by first-class mail, the sender of the purported notice shall give an affidavit, under oath, that notice was made as provided for herein and there shall be a rebuttable presumption that proper notice was given."

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

2628

JOURNAL OF THE HOUSE

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 Y Bordeaux Y Borders Y Bridges Y Brock N 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 Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson N Dollar N Dooley Y Douglas Y Drenner N 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 N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree N Henson Y Hill, C

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

Mobley Y Moraitakis Y Morris N 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 N Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal
Rynders 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
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner Y Teilhet N Teper N Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson N Willard E Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Harrell of the 54th and Mitchell of the 61st, Post 3 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

MONDAY, APRIL 14, 2003

2629

Representative Heckstall of the 48th, 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.

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.

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 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; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-8-12, relating to penalties for certain acts of theft, and inserting in its place a new Code Section 16-8-12 to read as follows:

2630

JOURNAL OF THE HOUSE

"16-8-12. (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-108, or both; If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-108, or both; (3)(4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;
(4)(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 101-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (5)(6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by

MONDAY, APRIL 14, 2003

2631

Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by Code Section 16-780. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; or (6)(7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00. (b) Except as otherwise provided in paragraph (4) (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 16-11-110, to be designated Code Section 16-11-111, to read as follows:
"16-11-111. (a)(1) As used in this Code section, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) A person commits the crime of unlawful possession of anhydrous ammonia if the

2632

JOURNAL OF THE HOUSE

person: (A) Purchases, possesses, transfers, or distributes any amount of anhydrous ammonia knowing that the anhydrous ammonia will be used unlawfully to manufacture a controlled substance; (B) Possesses, maintains, or transports any quantity of anhydrous ammonia in a container or receptacle other than a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank, field applicator, or any container approved for anhydrous ammonia by the Department of Agriculture or the United States Department of Transportation; or (C) Tampers with equipment manufactured to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment. (3)(A) A person who violates subparagraph (B) of paragraph (2) of this subsection shall be subject to civil penalties in accordance with Code Section 40-16-6. (B) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than ten years and by a fine not to exceed $100,000.00."
SECTION 3. Said title is further amended by adding a new Code Section immediately following Code Section 16-13-30.2, to be designated Code Section 16-13-30.3, to read as follows:
"16-13-30.3. (a) As used in this Code section, the term:
(1) 'Ephedrine,' 'pseudoephedrine,' and 'phenylpropanolamine' mean any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Personal use' means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in quantities at or below that specified in subsection (b) of this Code section, and includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (3) 'Retail distributor' means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products. (b)(1) It is unlawful for any person, other than a person or entity described in paragraph (28), (29), or (33) of Code Section 26-4-5 or a retail distributor, to knowingly possess any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any amount of a substance set forth in this Code section with the intent to manufacture amphetamine or methamphetamine.

MONDAY, APRIL 14, 2003

2633

(3) Any person who violates the provisions of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (c) This Code section shall not apply to: (1) Pediatric products primarily intended for administration to children under 12 years of age, according to label instructions, either:
(A) In solid dosage form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual dosage unit; or (B) In liquid form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or (3) Products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (d) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any substance containing any amounts of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year or more than ten years."
SECTION 4. Said title is further amended by striking Code Section 16-13-31, relating to the manufacture and trafficking of certain illegal drugs and substances, and inserting in its place a new Code Section 16-13-31, to read as follows:
"16-13-31. (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;

2634

JOURNAL OF THE HOUSE

(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four 4 grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four 4 grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is four 4 grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 50 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 50 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million.

MONDAY, APRIL 14, 2003

2635

(d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a

2636

JOURNAL OF THE HOUSE

mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f)(g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (g)(h) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million."
SECTION 5. Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, APRIL 14, 2003
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

2637

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 Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N 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 E 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 N 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 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 E Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas N Lunsford Y Maddox N Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills Y Mitchell

N Mobley Y Moraitakis Y Morris N 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
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 Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims N Sinkfield Y Skipper
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 N 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 Y Wilkinson Y Willard E 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 11. The Bill, having received the requisite constitutional majority, was passed, by

2638 substitute.

JOURNAL OF THE HOUSE

Due to a mechanical malfunction, the vote of Representative Mosley of the 129th, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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 N 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 Day N 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 N Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T
Greene N Greene-Johnson Y Hanner

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

N Mobley Y Moraitakis Y Morris N 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
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J

Y Sims N 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 N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson

Y Campbell Y Casas Y Chambers Y Channell
Childers E Coan
Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 14, 2003

Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall N McClinton Y Millar Y Mills N Mitchell

N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

2639
Westmoreland Y White Y Wilkinson Y Willard E Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 144, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representatives Greene of the 134th, Orrock of the 51st, and Skipper of the 116th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

The report of the Committee, which was favorable to the 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 N Benfield

Y Day Y 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

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

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

2640
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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Drenner Dukes
Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
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 Y Henson Y Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce
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 E 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
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 Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Smyre Y Snow
Stanley-Turner Y Stephens, E Y 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 Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 156, nays 7. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and withdrawn:

A BILL

MONDAY, APRIL 14, 2003

2641

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 under the auspices of a recognized disaster relief provider, as may be designated by the Georgia Emergency Management Agency or the Georgia Office of Homeland Security, without cost to the recipients, and only for a maximum of 30 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.

The following substitute, offered by Representative Gardner of the 42nd, Post 3, 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

2642

JOURNAL OF THE HOUSE

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 30 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.

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 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 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
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R

Y Bridges Y Brock
Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 14, 2003

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

Y Parrish Y Parsons
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 Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

2643
Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Y Wilkinson Y Willard E 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 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, further consideration of SB 329 was postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 762. By Representative Graves of the 10th: A RESOLUTION commending Amy Stewart; and for other purposes.

HR 763. By Representatives Marin of the 66th, Hill of the 81st and Noel of the 44th:
A RESOLUTION recognizing the Second Annual "La Vision de Georgia Awards"; and for other purposes.

2644

JOURNAL OF THE HOUSE

HR 764. By Representatives Marin of the 66th, Hill of the 81st, Casas of the 68th, Mobley of the 58th and Noel of the 44th:
A RESOLUTION commending the Georgia Hispanic Network, Inc.; and for other purposes.

HR 765. By Representatives Parham of the 94th, Hudson of the 95th and Birdsong of the 104th:
A RESOLUTION recognizing and congratulatiing Rosemary DePaolo; and for other purposes.

HR 766. By Representatives Broome of the 141st, Post 2 and Sholar of the 141st, Post 1:
A RESOLUTION commending Donalsonville Hospital; and for other purposes.

HR 767. By Representatives Floyd of the 132nd, Twiggs of the 8th, Stephens of the 123rd, Roberts of the 131st, Burmeister of the 96th and others:
A RESOLUTION commending railroads operating in the State of Georgia for improving their safety and efficiency by taking advantage of the innovative and proven technology used for remote controlled locomotives; and for other purposes.

HR 768. By Representatives White of the 3rd, Post 2, Yates of the 85th, Post 1, Wilkinson of the 41st, Douglas of the 73rd, Amerson of the 9th and others:
A RESOLUTION commending the bravery of the American armed forces and demanding treatment of American prisoners of war in accordance with the Third Geneva Convention; and for other purposes.

HR 769. By Representatives Martin of the 37th, Burkhalter of the 36th and Fludd of the 48th, Post 4:
A RESOLUTION paying tribute to Ryan Boslet and expressing sorrow at his death; and for other purposes.

MONDAY, APRIL 14, 2003

2645

HR 770. By Representative Graves of the 10th:
A RESOLUTION commending the Calhoun Middle School Debate Team; and for other purposes.

HR 771. By Representatives Bunn of the 63rd, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2 and Mangham of the 62nd:
A RESOLUTION recognizing and commending Rockdale Magnet School for Science and Technology; and for other purposes.

HR 772. By Representatives Dooley of the 33rd, Post 3, Coleman of the 118th, Porter of the 119th, Skipper of the 116th and Westmoreland of the 86th:
A RESOLUTION recognizing and commending Jim Tudor; and for other purposes.

HR 773. By Representative Teper of the 42nd, Post 1:
A RESOLUTION recognizing the Epilepsy Foundation of Georgia's Zero Lunches/Zero Nos Day; and for other purposes.

HR 774. By Representatives Parrish of the 102nd, Coleman of the 118th and Porter of the 119th:
A RESOLUTION recognizing and commending Don Speir; and for other purposes.

HR 775. By Representatives McBee of the 74th, Childers of the 13th, Post 1, Cummings of the 19th and Lord of the 103rd:
A RESOLUTION expressing regret at the passing of Honorable Helen Collins Bomar Selman Hudson; and for other purposes.

HR 776. By Representative Graves of the 10th:

2646

JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Michelle Knight upon the occasion of her selection as the 2003-2004 Calhoun City Schools Teacher of the Year; and for other purposes.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

The following Senate 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 revenues, 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

MONDAY, APRIL 14, 2003

2647

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

$ 34,018,833

$ 17,732,026

$ 5,457,157

$ 2,545,940

$

103,000

$

3,500

$

0

$

0

$

959,000

$

40,950

$

7,500

$

681,000

$

336,857

$

74,000

$ 3,575,903

$

745,000

$

105,000

$ 1,652,000

$

0

$ 34,018,833

$ 34,018,833

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds State Funds

$ 6,221,083 $ 6,221,083

$

481,638 $

481,638

$ 1,240,872 $ 1,240,872

$

620,008 $

620,008

$ 8,563,601 $ 8,563,601

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

2648

JOURNAL OF THE HOUSE

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,162,971 $ 3,162,971

$ 2,299,811 $ 2,299,811

$

843,407 $

843,407

$ 3,727,137 $ 3,727,137

$

0$

0

$ 10,033,326 $ 10,033,326

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 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

MONDAY, APRIL 14, 2003

2649

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

$ 31,051,970

$ 25,672,429

$

838,600

$

500,000

$

39,166

$

192,000

$ 1,113,575

$

150,000

$

0

$ 2,228,000

$

318,200

$

0

$ 31,051,970

$ 31,051,970

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

$ 143,500,825

$ 16,892,878

$ 122,131,063

$ 4,740,977

$ 1,930,253

$

44,925

$

800,000

$

0

$

0

$ 146,540,096

$ 143,500,825

Judicial Branch Functional Budgets

2650

JOURNAL OF THE HOUSE

Supreme Court Court of Appeals Superior Court Judges Superior Court - District Attorneys Council of Juvenile Court Judges 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

$ 8,870,181 $ 7,549,815

$ 12,125,429 $ 12,035,429

$ 48,237,859 $ 48,237,859

$ 45,819,970 $ 44,276,065

$ 1,392,195 $ 1,392,195

$

758,305 $

758,305

$ 14,184,961 $ 14,099,961

$

251,782 $

251,782

$ 12,796,678 $ 12,796,678

$ 1,752,183 $ 1,752,183

$

350,553 $

350,553

$ 146,540,096 $ 143,500,825

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 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

$ 37,931,546

$ 19,141,331

$ 4,695,850

$

293,011

$

20,418

$

150,582

$ 2,682,284

$

568,719

$

501,462

$

736,181

$

345,435

$

0

$ 2,150,000

$ 2,032,156

$ 6,014,012

$

400,000

$

33,950

$

47,045

$

72,750

$

37,439

$ 21,026,003

$

98,000

$ (2,038,605)

$ 59,008,023

MONDAY, APRIL 14, 2003

2651

State Funds Budgeted

$ 37,931,546

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

$ 30,843,923 $ 28,097,945

$ 12,972,083 $

313,150

$ 3,334,815 $ 3,297,194

$ 3,381,172 $

375,038

$ 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)

$ 59,008,023 $ 37,931,546

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

$ 5,808,583

$ 8,282,914

$

510,229

$ 3,151,435

$ 1,670,244

$ 46,810,341

$

0

Departmental Functional Budgets

Executive Division Facilities Operations

Total Funds State Funds

$ 2,378,741 $

0

$ 27,261,729 $

0

2652

JOURNAL OF THE HOUSE

Property Resources Internal Operations Transportation External Operations Total

$ 7,646,451 $

0

$ 1,904,718 $

0

$ 3,207,888 $

0

$ 4,410,814 $

0

$ 46,810,341 $

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

$ 55,315,263

$ 5,370,000

$

640,000

$

0

$

185,485

$ 23,290,244

$ 4,117,263

$

6,000

$ 18,307,086

$ 3,249,000

$

0

$ 84,323,000

$

501,019

$ 1,901,830

$

0

$ (712,144)

$ 196,494,046

$

0

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

$ 34,931,522

$ 32,090,145

$ 3,450,488

$ 1,058,708

$

0

$

414,545

$

664,341

$ 1,208,440

$

374,176

$

33,500

$ 1,323,457

$

566,619

$ 3,551,093

MONDAY, APRIL 14, 2003

2653

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

$ 3,210,351

$

142,000

$

10,000

$

425,000

$

383,396

$

0

$

40,000

$

0

$ (1,364,718)

$ 47,581,541

$ 34,931,522

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds

$ 8,406,507 $

$ 16,087,462 $

$ 5,057,351 $

$ 6,805,435 $

$

0$

$ 11,786,714 $

$

802,790 $

$ (1,364,718) $

$ 47,581,541 $

State Funds 6,927,333 13,080,327 1,307,351 6,493,435 0 8,487,794 0
(1,364,718) 34,931,522

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

$ 10,846,194

$ 9,652,278

$

269,025

$

328,557

$

78,817

$

2,347

$

170,978

$

545,179

$

124,341

$

10,435

$

0

$ (335,763)

$ 10,846,194

2654

JOURNAL OF THE HOUSE

State Funds Budgeted
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 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

$ 10,846,194

$ 59,798,918

$ 38,123,333

$ 23,069,166

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,504,569

$

964,976

$

714,692

$

472,316

$

536,967

$

0

$ 1,952,374

$ 30,750,000

$

152,750

$ 30,000,000

$

190,000

$ 5,000,000

$ 2,947,155

$

0

$

0

$ 3,056,375

$

791,989

$ 2,880,000

$

0

$

0

$

705,094

$ 1,250,000

$ 50,000,000

$ 4,506,595

$

750,000

$

495,000

$

200,000

$ (337,566)

$ 165,309,900

MONDAY, APRIL 14, 2003

2655

Tobacco Funds Budgeted State Funds Budgeted

$ 38,123,333 $ 59,798,918

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

$ 31,599,596 $ 31,347,766

$ 4,355,536 $ 4,127,776

$ 37,154,839 $ 5,503,660

$ 9,003,438 $ 2,941,530

$ 7,776,845 $ 6,125,113

$ 2,365,403 $

628,493

$ 1,301,902 $

804,085

$ 66,733,588 $ 3,541,260

$ 5,116,801 $ 5,116,801

$

239,518 $ 38,123,333

$ (337,566) $ (337,566)

$ 165,309,900 $ 97,922,251

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

$ 1,688,386,233

$ 50,827,441

$ 33,492,538

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,399,168

$ 1,819,274

$

965,696

$ 1,869,021

$ 412,776,645

$ 5,262,064,757

$ 1,097,500

$

16,757

$

183,244

$

514,826

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

2656

JOURNAL OF THE HOUSE

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

$ 2,136,719

$

100,000

$ 3,772,911

$ 18,181,491

$ 8,140,630

$

438,900

$

460,013

$

116,400

$ (2,495,946)

$ 6,823,393,321

$ 50,827,441

$ 1,688,386,233

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

$

873,238 $

551,500

$

361,222 $

180,611

$ 5,262,064,757 $ 1,655,765,719

$ 110,106,676 $ 11,111,054

$ 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

$ 3,612,150 $ 2,264,198

$

509,056 $

289,837

$

352,205 $

334,231

$ 2,888,962 $ 2,491,965

$ 304,991,665 $

0

$ 975,000,000 $

0

$ 37,856,367 $ 37,856,367

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

$ (2,495,946) $ (2,495,946)

$ 6,823,393,321 $ 1,739,213,674

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted

$ 148,828,880

$

0

$ 8,200,000

$ 360,067,504

$ 368,267,504

MONDAY, APRIL 14, 2003
Indigent Trust Fund Budgeted
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
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

2657

$ 148,828,880

$ 58,735,257

$ 4,970,705

$

371,573

$

165,254

$

45,000

$

0

$

1,155

$

205,000

$

0

$

12,350

$

0

$ 8,005,806

$ 214,463,369

$

(74,401)

$ 223,195,106

$ 4,970,705

$ 58,735,257

$ 926,958,562

$ 585,037,525

$ 67,330,947

$ 2,150,227

$ 1,809,244

$ 3,897,917

$ 5,709,284

$ 8,166,849

$ 8,006,681

$

39,000

$ 79,413,562

$

0

$ 27,447,542

$ 1,300,000

$ 37,726,400

$ 6,450,000

$

0

$ 1,093,624

$ 4,268,025

$ 1,627,150

2658

JOURNAL OF THE HOUSE

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

$

577,160

$ 1,450,000

$ 129,133,437

$

449,944

$

856,000

$ (15,656,152)

$ 958,284,366

$

450,000

$ 926,958,562

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds State Funds $ 32,158,301 $ 31,708,301 $ 32,757,952 $ 32,757,952 $ 8,812,294 $ 8,812,294 $ 91,214,063 $ 86,932,914 $ 663,713,648 $ 645,583,202 $ 145,284,260 $ 136,820,051 $ (15,656,152) $ (15,656,152) $ 958,284,366 $ 926,958,562

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

MONDAY, APRIL 14, 2003

2659

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 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

$ 5,918,817,207

$ 30,000,000

$ 42,521,325

$ 5,823,851

$ 1,179,108

$

0

$

324,870

$ 1,148,443

$ 3,130,985

$ 40,267,887

$ 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 $ 46,621,410 $ 30,517,972 $ 147,220,233 $ 905,991,469 $ 164,772,246 $ (1,207,536,528)

2660

JOURNAL OF THE HOUSE

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 Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System

$

0

$

0

$ 284,920,487

$ 6,352,443

$

826,722

$

385,000

$ 4,209,800

$ 54,226,723

$ 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

$ 8,000,000

$ 22,691,157

$ 1,212,500

$

0

$ 1,973,000

$

150,000

$ 10,567,629

$ 37,934,355

$ 7,308,679

$

639,390

$ 9,389,202

$

0

$ 107,826,070

$

0

$

0

$

274,395

$ 11,634,769

$ 68,268,298

$ 4,986,505

MONDAY, APRIL 14, 2003

2661

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 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

$ 3,918,448

$ 1,188,000

$ 8,478,748

$

250,000

$ 4,774,779

$

0

$ 5,787,990

$

0

$

0

$ 77,407,508

$ 11,365,926

$ 3,952,556

$ 11,636,228

$ 1,465,273

$

0

$

12,000

$ 3,778,918

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (156,764,424)

$ (18,970,893)

$ 6,967,586,665

$

0

$ 30,000,000

$ 5,918,817,207

Departmental Functional Budgets

State Superintendant Policy and External Affairs Curriculum and Instruction Governor's Honors Program Finance and Business Operations Teacher and Student Support Information Technology Local Programs Student Achievement

Total Funds State Funds

$

0$

0

$ 13,939,972 $ 11,910,377

$ 23,245,441 $ 4,842,306

$ 1,472,108 $ 1,394,519

$ 8,760,908 $ 3,287,441

$ 11,209,797 $

252,617

$ 17,571,546 $ 12,093,211

$ 6,891,247,844 $ 5,915,925,937

$

0$

0

2662

JOURNAL OF THE HOUSE

Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Austerity Adjustments Total

$ 6,203,856 $ 5,940,338 $ 5,995,408 $ 5,568,937 $ 6,910,678 $ 6,572,417 $ (18,970,893) $ (18,970,893) $ 6,967,586,665 $ 5,948,817,207

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 Federal Programs Standards of Care Austerity Adjustments
Total Funds Budgeted

$ 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

MONDAY, APRIL 14, 2003

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

2663
$ 250,490,013 $ 1,259,986

$

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

$ 34,407,685

$ 31,408,202

$ 5,956,344

$

140,671

$ 1,042,852

$ 1,662,651

$

357,000

$

11,518

$

768,627

$

9,500

$

366,260

$

60,000

$

0

$

0

$ (1,119,818)

$ 40,663,807

$ 34,407,685

2664

JOURNAL OF THE HOUSE

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,047,590 $ $ 35,638,626 $ $ 4,097,409 $ $ (1,119,818) $ $ 40,663,807 $

State Funds 15,734
31,582,515 3,929,254 (1,119,818) 34,407,685

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

$ 62,095,134

$ 50,303,912 $ 6,398,926

$

574,400

$

594,397

$

584,424

$

592,820

$

584,206

$ 1,336,535

$ 2,231,277

$ 2,275,654

$

308,667

$

0

$ 1,500,000

$ 27,783,371

$ (1,994,622)

$ 93,073,967

$ 62,095,134

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,243,937 $ $ 27,795,903 $ $ 10,897,283 $ $ 18,800,921 $ $ 31,330,545 $ $ (1,994,622) $ $ 93,073,967 $

State Funds 6,243,937 27,795,903 10,897,283 18,800,921 351,712
(1,994,622) 62,095,134

Section 15. Office of the Governor. State Funds Personal Services

$ 39,341,928 $ 21,395,212

MONDAY, APRIL 14, 2003

2665

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 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

$ 1,350,860

$

345,070

$

0

$

88,627

$

493,917

$ 1,255,064

$

571,282

$ 1,563,571

$ 5,740,235

$ 4,498,923

$

40,000

$ 3,861,681

$

358,595

$ 3,786,988

$

274,194

$

172,460

$

0

$

240,000

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ (1,401,800)

$ 45,888,809

$ 39,341,928

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 Funds State Funds

$ 8,488,293 $ 8,488,293

$ 1,176,983 $

789,766

$ 9,050,700 $ 9,050,700

$ 5,013,600 $ 4,349,507

$ 3,974,713 $ 3,407,024

$

724,903 $

724,903

$

460,602 $

460,602

$ 7,904,926 $ 7,792,996

$ 6,792,328 $ 2,242,376

$ 2,301,761 $ 2,035,761

$

0$

0

$

0$

0

2666

JOURNAL OF THE HOUSE

Total

$ 45,888,809 $ 39,341,928

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 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

$ 1,388,149,454 $ 44,423,392 $ 2,000,000

$ 119,820,604

$ 5,490,493

$ 2,562,872

$

0

$

461,311

$ 8,976,224

$ 5,107,230

$ 39,626,144

$ 57,334,409

$ 16,842,894

$

125,000

$

0

$ 89,156,955

$

163,451

$ 2,095,936

$ 33,961,019

$

0

$ 1,850,000

$ (2,549,730)

$ 381,024,812

$

0

$ 8,278,248

$ 2,000,000

$ 180,426,670

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

Total Funds $ 1,223,055 $ $ 3,721,232 $ $ 9,254,608 $ $ 10,431,314 $ $ 1,186,975 $ $ 72,544,996 $ $ 17,313,914 $

State Funds 1,223,055 3,692,715 5,757,744 10,156,314 1,186,975 34,782,324 13,642,387

MONDAY, APRIL 14, 2003

2667

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

$

6,772,101 $ 964,566 $
3,810,638 $ 12,240,016 $
6,739,540 $ 9,906,617 $ 2,661,041 $ 6,702,562 $ 20,049,247 $ 18,699,672 $
0$ 929,950 $ 97,706,702 $ 1,607,263 $ 2,000,000 $ 77,108,533 $ (2,549,730) $ 381,024,812 $

5,472,068 690,053
3,707,769 5,909,351 1,957,120 5,516,907 2,661,041 6,702,562 2,880,864 18,699,672 (16,207,310)
929,950 64,695,006
29,767 2,000,000 17,168,314 (2,549,730) 190,704,918

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

$ 56,536,154

$ 77,633,887

$

925,467

$

0

$

195,367

$ 1,509,862

$ 1,173,488

$ 10,454,744

$

0

$ 1,137,699

$

292,000

$ 28,378,851

$ 158,869,662

$

196,235

$ 6,138,072

$ (2,079,597)

$ 341,361,891

$

0

$ 22,548,788

$ 167,656,101

2668

JOURNAL OF THE HOUSE

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 Austerity Adjustments Total

Total Funds State Funds

$ 13,492,725 $ 13,335,157

$ 5,009,983 $ 2,032,625

$ 2,903,473 $ 2,578,298

$ 2,195,951 $

985,089

$ 6,588,401 $ 5,821,582

$ 5,385,227 $ 5,385,227

$ 3,289,533 $ 1,013,946

$ 11,820,479 $ 4,850,000

$ 85,325,463 $

0

$ 71,038,625 $ 70,052,074

$ 13,153,079 $ 6,214,767

$ 3,651,641 $ 2,208,293

$

593,232 $

477,088

$ 4,062,209 $ 3,652,969

$ 1,702,964 $

0

$ 5,909,784 $ 4,310,823

$ 2,169,913 $ 1,313,761

$

752,516 $

530,655

$ 2,811,535 $ 1,143,976

$ 1,639,391 $ 1,639,391

$

0$

0

$ 8,038,003 $ 7,553,003

$ 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

$

355,988 $

243,983

$ 14,759,390 $ 12,774,397

$

0 $ (4,024,899)

$ (2,079,597) $ (2,079,597)

$ 341,361,891 $ 190,204,889

MONDAY, APRIL 14, 2003

2669

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 14,114,273

$ 3,414,939

$ 1,192,317

$

0

$

237,019

$

492,702

$ 6,981,954

$ 8,877,713

$

0

$

688,660

$ 7,630,688

$ 123,303,498

$ 7,062,714

$ 461,211,917

$ 31,262,611

$ 2,401,505

$ 389,578,516

$ (6,150,579)

$ 1,052,300,447

$

0

$ 3,341,218

$ 445,554,869

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

Total Funds State Funds

$ 1,042,424 $ 1,042,424

$ 7,401,549 $ 6,212,078

$ 4,633,581 $ 2,647,752

$ 3,739,350 $ 3,739,350

$ 14,164,092 $ 1,939,609

$ 2,875,447 $ 2,875,447

$ 5,455,522 $ 3,461,821

$ 3,049,311 $ 3,049,311

$

419,787 $

419,787

$ 114,134,948 $ 54,109,878

$

0$

0

$ 2,795,420 $

0

$ 7,223,130 $

0

$ 116,110,857 $ 51,155,039

$ 149,330,329 $ 65,238,060

$ 3,190,752 $

0

2670

JOURNAL OF THE HOUSE

County DFACS Operations - Homemakers Services $ 7,802,877 $

County DFACS Operations - Joint and

$ 90,567,836 $

Administration

County DFACS Operations - Employability Program $ 26,466,617 $

Employability Benefits

$ 43,105,900 $

Legal Services

$ 6,546,322 $

Family Foster Care

$ 70,122,403 $

Institutional Foster Care

$ 51,134,630 $

Specialized Foster Care

$ 12,631,268 $

Adoption Supplement

$ 44,855,747 $

Prevention of Foster Care

$ 15,744,598 $

Troubled Children

$ 61,262,815 $

Child Day Care

$ 181,125,622 $

Special Projects

$ 3,887,204 $

Children's Trust Fund

$ 7,630,688 $

Indirect Cost

$

0$

Austerity Adjustments

$ (6,150,579) $

Total

$ 1,052,300,447 $

0 43,084,884
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 56,741,937 3,847,204 7,630,688 (12,984,071) (6,150,579) 448,896,087

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

$ 299,429,144

$ 60,068,499

$

200,000

$ 9,483,000

$ 1,991,161

$ 481,958,054

$ (5,464,175)

$ 847,665,683

$

0

$ 10,255,138

$ 594,511,814

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

Total Funds $ 31,305,973 $ $ 21,582,945 $ $ 34,888,333 $ $ 41,155,565 $ $ 117,989,269 $ $ 21,666,710 $

State Funds 17,736,049 15,669,352 24,275,474 30,039,601 68,150,801 17,211,203

MONDAY, APRIL 14, 2003

2671

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

$ 48,353,150 $ 19,765,949 $ 23,303,978 $ 18,470,364 $ 4,259,012 $ 3,318,322 $ 203,240,053 $ 196,249,315 $ 179,272,212 $ 136,807,034 $ 100,936,531 $ 47,744,520 $ 15,312,161 $ 8,961,477 $ 9,863,966 $ 5,831,666 $ (5,464,175) $ (5,464,175) $ 847,665,683 $ 604,766,952

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted

$ 489,900,175 $ 86,539,319 $ 4,680,656

$

200,000

$

893,697

$ 10,978,788

$ 13,262,672

$ 58,958,601

$ 57,334,409

$ 18,669,253

$ 60,068,499

$ 481,958,054

$

0

$ 7,630,688

$ 123,303,498

$ 7,479,714

$ 461,211,917

$ 148,798,417

$ 158,869,662

$ 2,154,612

$ 9,483,000 $ 4,693,676 $ 33,961,019 $ 389,578,516 $ 6,138,072 $ 1,850,000 $ (16,244,081) $ 2,622,352,833

$ 2,000,000 $ 44,423,392

2672

JOURNAL OF THE HOUSE

Brain and Spinal Trust Fund State Funds Budgeted

$ $ 1,388,149,454

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 - Pooler Project 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

$ 46,130,291

$

0

$ 12,910,395

$ 1,211,202

$

608,806

$

20,000

$

62,597

$

391,336

$

837,119

$

442,215

$

44,200

$ 1,083,286

$

250,600

$ 9,324,895

$ 20,000,000

$

0

$

0

$

0

$

0

$

0

$

0

$ (1,056,360)

$ 46,130,291

$

0

$ 46,130,291

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds

$ 31,720,731 $

$ 7,323,976 $

$ 3,040,783 $

$ 4,475,669 $

$

625,492 $

$ (1,056,360) $

$ 46,130,291 $

State Funds 31,720,731 7,323,976 3,040,783 4,475,669 625,492 (1,056,360) 46,130,291

MONDAY, APRIL 14, 2003

2673

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

$ 15,725,219

$ 14,733,533

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

601,164

$

367,614

$

86,042

$

0

$

0

$ (485,787)

$ 16,761,719

$ 15,725,219

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

$ 5,443,062 $

$ 5,857,360 $

$

510,639 $

$ 4,862,592 $

$

573,853 $

$ (485,787) $

$ 16,761,719 $

State Funds 5,443,062 5,857,360 510,639 3,826,092 573,853 (485,787) 15,725,219

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

$ 280,479,092

$ 177,217,384

$ 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

2674

JOURNAL OF THE HOUSE

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

$

0

$ 86,013,372

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (7,237,782)

$ 298,656,199

$ 280,479,092

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

$ 83,463,989 $

$ 77,059,384 $

$ 28,570,085 $

$ 34,568,407 $

$

577,900 $

$ 1,875,997 $

$ 48,302,352 $

$ 1,399,858 $

$ 1,004,642 $

$ 4,245,666 $

$ 18,783,121 $

$ 3,276,038 $

$ 2,766,542 $

$ (7,237,782) $

$ 298,656,199 $

State Funds 81,960,029 74,811,965 27,666,278 30,063,600 577,900 1,875,997 41,305,836 1,399,858 1,004,642 4,155,666 18,762,523 3,276,038 856,542 (7,237,782)
280,479,092

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

$ 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

MONDAY, APRIL 14, 2003

2675

Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 2,778,378

$ 1,323,287

$

0

$ 1,287,478

$

0

$ (830,637)

$ 166,400,317

$ 15,996,967

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

$ 27,948,859

$ 93,115,483

$ 13,928,245

$ 2,003,747

$

39,095

$ 1,081,290

$ 6,090,455

$ 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

$ (890,479)

$ 188,153,005

$

150,000

$ 27,948,859

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute

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

2676

JOURNAL OF THE HOUSE

Austerity Adjustments Total

$ (890,479) $ (890,479) $ 188,153,005 $ 27,948,859

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

$ 14,712,427

$ 15,150,887

$

705,564

$

181,781

$

0

$

0

$

299,269

$

837,469

$

192,258

$ 19,414,422

$

0

$

197,158

$

0

$ (470,793)

$ 36,508,015

$ 14,712,427

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

$

0

$ 8,795,573

$ 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

MONDAY, APRIL 14, 2003

2677

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
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$ 79,151,378

$ 60,187,933

$ 7,837,254

$

390,062

$

332,206

$

345,335

$ 12,461,537

$ 2,775,709

$ 2,973,599

$

411,198

$ 1,318,987

$

0

$

0

$

0

$

348,651

$ 3,459,434

$

750,000

$

0

$ (2,786,634)

$ 90,805,271

$ 7,196,898

$ 1,960,000

$ 79,151,378

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds $ 33,662,582 $ $ 43,857,701 $ $ 16,071,622 $ $ (2,786,634) $ $ 90,805,271 $

State Funds 28,375,997 43,857,701 9,704,314 (2,786,634) 79,151,378

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

$ 109,103,373

$ 89,944,827

$ 15,339,358

$

802,745

$

66,423

$ 1,756,816

2678

JOURNAL OF THE HOUSE

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 State Funds Budgeted

$ 3,291,804

$ 1,268,551

$ 6,709,734

$

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

$

0

$

58,938

$ 4,095,077

$

0

$

0

$ 1,770,602

$

487,657

$

100,000

$

31,000

$

24,000

$

843,797

$ 10,000,000

$ (3,049,193)

$ 145,743,330

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 109,103,373

MONDAY, APRIL 14, 2003

2679

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

$ 14,965,997 $

$ 7,504,005 $

$ 2,764,307 $

$ 41,363,845 $

$ 2,583,584 $

$ 36,837,133 $

$ 42,306,991 $

$

466,661 $

$ (3,049,193) $

$ 145,743,330 $

State Funds 14,918,731 7,504,005 2,274,307 21,322,056 2,412,722 31,255,162 32,102,835 362,748 (3,049,193)
109,103,373

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 Telecommunications

$

0

$ 1,240,082

$

251,385

$

5,792

$

0

$

7,000

$

5,792

$

0

$

12,000

2680

JOURNAL OF THE HOUSE

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 Capital Outlay

$

500

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,843,819

$

0

$ 47,914,053

$ 40,688,897

$ 1,433,825

$

431,800

$

0

$

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

$ 79,347,824

$ 70,612,998

$ 8,122,866

$

76,895

$ 2,876,986

$

375,304

$

985,500

$

181,470

$ 2,046,380

$

315,122

$

389,333

$

566,237

$

0

MONDAY, APRIL 14, 2003

2681

Conviction Reports Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

$

0

$ (2,581,582)

$ 83,967,509

$

990,000

$ 79,347,824

Departmental Functional Budgets

Administration Field Operations Capitol Police Austerity Adjustments Total

Total Funds $ 18,316,664 $ $ 65,080,992 $ $ 3,151,435 $ $ (2,581,582) $ $ 83,967,509 $

State Funds 16,998,414 64,930,992 0 (2,581,582) 79,347,824

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

Total Funds State Funds

$ 3,815,945 $

570,718

$ 1,415,677 $ 1,415,677

$ 1,218,511 $ 1,119,938

$ 1,166,968 $ 1,054,105

2682

JOURNAL OF THE HOUSE

Georgia Firefighters Standards and Training Council $

Georgia Public Safety Training Facility

$

Total

$

470,395 $ 11,436,664 $ 19,524,160 $

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

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

$ 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

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

$ 1,470,969,290 $ 6,585,889

$ 1,773,964,581 $ 424,223,505

$ 467,189,909

$ 854,188,741

$ 32,421,966

$ 1,138,340

$

345,833

$ 1,011,627

MONDAY, APRIL 14, 2003

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 Other Funds
Indirect DOAS Services Funding

2683

$ 28,990,997 $ 123,584,731 $ (30,383,852) $ 3,676,676,378

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,470,969,290

$ 211,214,976

$

0

$ 135,497,162 $ 70,959,391

$ 57,982,123 $ 41,101,657 $ 2,811,580

$ 23,067,667

$

0

$

0

$ 7,790,087

$

151,968

$

565,155

$ 1,831,602

$ 18,239,844

$ 30,951,441

$

0

$ 35,104,249

$ (6,365,861)

$ 419,688,065

$ 8,610,113

$ 124,936,276

$ 74,383,200

$

543,500

2684

JOURNAL OF THE HOUSE

Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 211,214,976

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

$ 78,151,230 $ 45,709,968

$ 61,798,630 $ 38,704,493

$

193,500 $

0

$ 3,657,799 $ 3,657,799

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 63,589,983 $ 63,483,134

$ 39,486,733 $ 35,177,778

$ 6,151,010 $ 6,001,010

$ (6,365,861) $ (6,365,861)

$ 419,688,065 $ 211,214,976

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)

$ 36,464,135

$ 36,464,135

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative

$

0

$

0

$

0

$

0

MONDAY, APRIL 14, 2003

2685

Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 468,191,455

$

150,000

$ 60,996,706

$ 4,781,453

$ 1,037,071

$

49,980

$

150,384

$ 14,937,905

$ 7,107,067

$ 2,174,299

$

606,992

$ 1,223,613

$ 4,272,795

$

0

$ 2,471,575

$ 17,785,550

$ 380,000,000

$ (2,819,070)

$ 494,776,320

$ 2,545,000

$

150,000

$ 468,191,455

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit

Total Funds State Funds $ 36,729,359 $ 18,943,809 $ 7,987,227 $ 7,987,227 $ 17,139,493 $ 15,884,493 $ 27,886,845 $ 23,981,082 $ 7,424,374 $ 7,424,374 $ 384,804,895 $ 382,694,760 $ 5,606,232 $ 5,583,589

2686

JOURNAL OF THE HOUSE

State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$

5,000 $

5,000

$ 6,771,676 $ 5,571,676

$ 3,240,289 $ 2,934,515

$ (2,819,070) $ (2,819,070)

$ 494,776,320 $ 468,191,455

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

$ 31,993,032

$ 19,575,063

$ 3,605,421

$

409,621

$

72,492

$

65,019

$ 3,132,182

$ 4,712,921

$ 1,035,077

$

174,376

$

986,495

$

389,335

$

0

$ (1,049,580)

$ 33,108,422

$ 31,993,032

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

$ 5,576,820 $ 5,526,820

$ 6,436,394 $ 6,361,394

$

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

$ 1,061,127 $ 1,061,127

$ 9,286,195 $ 9,136,195

$

278,754 $

278,754

$ (1,049,580) $ (1,049,580)

$ 33,108,422 $ 31,993,032

B. Budget Unit: State Funds - Real Estate Commission

$ 2,410,036

MONDAY, APRIL 14, 2003

2687

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

$ 1,585,699

$

145,000

$

47,000

$

0

$

12,500

$

213,935

$

181,000

$

84,000

$

160,000

$

50,000

$

(69,098)

$ 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

$ 3,296,822

$ 1,681,333

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

107,052

$

40,214

$

139,438

$ 1,762,714

$

0

$

(68,325)

$ 3,937,227

$ 3,296,822

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance Commission

$ 38,225,088

2688

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 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

$

560,277

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

10,091

$

11,560

$

32,118

$ 3,990,211

$ 30,044,521

$

66,313

$

351,217

$

22,427

$

0

$

505,584

$ 1,503,953

$ 2,735,297

$ (1,188,883)

$ 38,745,741

$ 38,225,088

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

$ (1,188,883) $ (1,188,883) $ 38,745,741 $ 38,225,088

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

$ 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

MONDAY, APRIL 14, 2003
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 Capital Outlay Personal Services-Institutions Operating Expenses-Institutions

2689

$

559,090

$

760,000

$ 2,016,740

$ 3,004,617

$ 441,305,643

$ 441,305,643

$ 2,489,000

$ 11,034,137

$

629,344

$

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

$ 313,996,530

$ 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

2690

JOURNAL OF THE HOUSE

Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 6,398,577 $ 20,007,602 $ 3,621,510 $ 18,956,237 $ (5,862,316) $ 389,743,647
$ 313,996,530

Departmental Functional Budgets

Administration Institutional Programs Austerity Adjustments Total

Total Funds State Funds $ 8,636,117 $ 8,636,117 $ 386,969,846 $ 311,222,729 $ (5,862,316) $ (5,862,316) $ 389,743,647 $ 313,996,530

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

$ 662,007,498 $ 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

MONDAY, APRIL 14, 2003

2691

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

$

710,855

$

0

$

0

$ 71,000,000

$ (526,279)

$ 1,631,953,900

$ 662,007,498

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

$ 23,406,977 $ 10,546,546

$

710,855 $

710,855

$ (526,279) $ (526,279)

$ 26,525,724 $ 13,007,498

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

$ 21,891,544

$ 6,080,774

$

427,797

$

136,200

$

0

$

105,822

$

6,999

$

223,753

$

90,660

$

24,500

$ 17,418,875

$ 7,914,454

2692

JOURNAL OF THE HOUSE

Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance Total Funds Budgeted
State Funds Budgeted

$

0

$

0

$

194,395

$ 32,624,229 $ 21,891,544

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,709,775 $ 16,957,682 $ 7,914,454 $ 4,933,862 $ 32,624,229 $ 21,891,544

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
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)

$ 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

$ 683,050,154 $ 51,000,000 $ 734,050,154

$ 42,832,070

$

0

$ 42,832,070

MONDAY, APRIL 14, 2003

2693

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, 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

2694

JOURNAL OF THE HOUSE

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 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 43. 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 44. 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 45. 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

MONDAY, APRIL 14, 2003

2695

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 46. 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.

2696

JOURNAL OF THE HOUSE

Section 47. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 48. Provisions Relative to Section 24, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for 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 49. Provisions Relative to Section 30, Department of Revenue.
For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2003.
Section 50. Provisions Relative to Section 31, Secretary of State.
There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 51. Provisions Relative to Section 34, Teachers= Retirement System.
It is the intent of the General Assembly that the employer contribution rate for the Teachers= Retirement System shall not exceed 9.24% for S.F.Y. 2004.

MONDAY, APRIL 14, 2003

2697

Section 52. Provisions Relative to Section 36, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
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 theDepartment'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

2698

JOURNAL OF THE HOUSE

specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 53. In addition to all other appropriations for the State fiscal year ending June 30,
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 54. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
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

MONDAY, APRIL 14, 2003

2699

Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 55. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 56. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 57. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the
Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 59. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular Session, except as provided, however, the Director of the Budget is

2700

JOURNAL OF THE HOUSE

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 60. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

MONDAY, APRIL 14, 2003

2701

Section 61. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 62.

Provisions Relative to Section 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 entitlement level) - $65,715,000

7 school systems for regular advance

funding - $ 27,890,000

5 school systems for low-wealth funding

$6,280,000

31 school systems for growth funding ($60,000,000

entitlementlevel) - $86,675,000

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

$

Departmentof 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

Principal Amount 186,560,000 $
820,000 $ 49,095,000 $
7,250,000 $ 5,000,000 $ 20,000,000 $

Debt Service 16,230,720
71,340 4,271,265
630,750 435,000 1,740,000

2702

JOURNAL OF THE HOUSE

Federal matching funds for clean water and drinking

water capitalization - $8,000,000

Surface parking lot for the Georgia World

$

Congress Center

Department of Transportation projects:

$

Governor's Road Improvement program

$65,000,000

Rail track construction in Savannah - $3,000,000

Department of Juvenile Justice design projects:

$

Design a new educational building at Augusta

YDC - $125,000

Design new storm drainage system at Augusta

YDC - $160,000

Various repairs, minor construction projects,

$

add or replace generators at various RYDCs

and YDCs

Department of Human Resources projects:

$

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:

$

Design and install emergency generator at

Skyland building - $140,000

Construct a public health laboratory in South

Georgia - $12,225,000

Construct a public health district office building

at NorthwestGeorgia Regional Hospital

campus - $2,685,000

Department of Corrections projects:

$

Purchase, construct, or lease a 1,000 to 1,600 bed

prison - $40,000,000

3,800,000 $ 68,000,000 $
285,000 $ 7,100,000 $ 3,570,000 $
15,050,000 $
51,750,000 $

330,600 5,916,000
24,795 617,700 310,590
1,309,350
4,502,250

MONDAY, APRIL 14, 2003

2703

Central repair and minor construction projects $ 4,000,000
Repair and maintenance of security equipment - $3,500,000
Roofing repairs at various facilities - $450,000 Various waste water, utility and HVAC
projects - $2,200,000 Convert Rogers State Prison waste water plant

to land application system - $1,600,000

Remediate, replace and close underground and

$ 3,000,000 $

above-ground state-owned fuel storage facilities

on state owned property for the Georgia

Building Authority

Total Twenty Year Projects (New)

$ 421,280,000 $

B.) Maturities not to exceed sixty months. Purchase vocational and agricultural equipment

$ 13,300,000 $

for the Department of Education

Board of Regents, University System of

$ 5,040,000 $

Georgia equipmentpurchase 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 at Georgia 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 Design PVAC(School of Art) phase II at the
University of Georgia Georgia Forestry Commission projects: Purchase a fixed wing aircraft - $200,000

$ 2,500,000 $ $ 1,030,000 $

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

$ 1,700,000 $

for the Department of Transportation

261,000 36,651,360 3,045,700 1,154,160
572,500 235,870 389,300

2704

JOURNAL OF THE HOUSE

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)

$

420,000 $ 125,000 $ 875,000 $
2,000,000 $ 26,990,000 $

96,180 28,625 200,375
458,000 6,180,710

Section 63.
In addition to all other appropriations, the General Assembly has provided for the following adjustments: 1.) To provide for a reduction in the state portion of workers=
compensation contributions ($33,368,207). 2.) To provide for a reduction in the employer contribution of the state employee=s life insurance benefit ($6,000,000). 3.) To reflect a 10% reduction in the Georgia Technology Authority=s local service telephone billings ($5,800,000). 4.) To provide for a $.21 reduction in Georgia Building Authority=s real
estate rental rate ($593,229). 5.) To reduce State funds for personal services by rolling the
6/30/04 payroll to 7/1/04 ($165,843,585).

Section 64. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2004

$16,079,443,592

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.

Representative Buck of the 112th moved that the House disagree to the Senate substitute to HB 122.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, APRIL 14, 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 N Bridges Y Brock Y 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 Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner N 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 Y Henson N Hill, C

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

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

On the motion, the ayes were 118, nays 41. The motion prevailed.

2705
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 Y Stephens, R
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
Westmoreland N White N Wilkinson N Willard E 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.

Representative Sheldon of the 71st, Post 2, having voted "aye", wished to be recorded as voting "nay".

2706

JOURNAL OF THE HOUSE

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

Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 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.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 441. By Senators Johnson of the 1st and Price of the 56th:
A Resolution relative to adjournment; and for other purposes.

The following Resolution of the Senate was read:

SR 441. By Senators Johnson of the 1st and Price of the 56th

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 Monday, April 14, the 37th legislative day of the session; (2) The General Assembly shall reconvene on Thursday, April 17, the 38th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 17, the 38th legislative day of the session; (4) The General Assembly shall reconvene on Tuesday, April 22, the 39th legislative

MONDAY, APRIL 14, 2003

2707

day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, April 22, the 39th day of the legislative session; and (6) The General Assembly shall reconvene on Thursday, April 24, 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.
BE IT FURTHER RESOLVED that this resolution shall supersede SR 242 and SR 242 shall no longer be effective after the adoption of this resolution.

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 N 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 N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan N Coleman, B Y Cooper

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

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

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 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 Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders
Sailor N Scott N Shaw

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 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 E Williams, A N Williams, E Y Williams, R Y Wix

2708
N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Mills Y Mitchell

N Sheldon Y Sholar

On the adoption of the Resolution, the ayes were 147, nays 23. The Resolution was adopted.

Y Yates Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Buck of the 112th moved that the House insist on its position in disagreeing to the Senate substitute to HB 122 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

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

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 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 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 E 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
Randall Ray E Reece, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre
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 Thompson Y Twiggs

Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 14, 2003

Graves, T Y Greene
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

Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell
McBee E McCall Y McClinton Y Millar Y Mills
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

2709
Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard E Williams, A Y Williams, E
Williams, R Wix Yates Coleman, Speaker

On the motion, the ayes were 151, nays 0.
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, Smyre of the 111th and Parrish of the 102nd.

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

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Cheeks of the 23rd, and Price of the 56th.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture

2710

JOURNAL OF THE HOUSE

and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 183 Do Pass, by Substitute

Respectfully submitted, /s/ Ray of the 108th
Chairman

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 87 Do Pass

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Birdsong of the 104th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 232 Do Pass

MONDAY, APRIL 14, 2003
Respectfully submitted, /s/ Birdsong of the 104th
Chairman

2711

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 167 Do Pass, by Substitute

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 86 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:

2712

JOURNAL OF THE HOUSE

Your Committee on Special Judiciary has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 123 Do Pass SR 35 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, April 17, 2003.

THURSDAY, APRIL 17, 2003 Representative Hall, Atlanta, Georgia
Thursday, April 17, 2003

2713

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 Black Boggs Bridges Brock Brooks Broome Brown Buckner, D Buckner, G Bunn Burkhalter Campbell Chambers Channell Childers E Coan Coleman, B Cooper Cummings Day Deloach Dix

Dodson Dollar Dooley Douglas Drenner Ehrhart Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner E Golick Graves, T Greene Greene-Johnson Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A

Hill, V Hines Howard Howell Hugley Jackson James Jamieson Jones Jordan Joyce Knox Lane E Lewis Lord Lunsford Maddox Mangham Manning Marin Martin Massey Maxwell McBee Millar Mills Mitchell Moraitakis

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

Sheldon Sholar Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Stanley-Turner Stephens, E Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Walker, R.L Warren E 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, Beasley-Teague of the 48th, Post 2, Borders of the 142nd, Bruce of the 45th, Buck of the 112th, Burmeister of the 96th, Butler of the 88th, Post 1, Casas of the 68th, Crawford of the 91st, Dean of the 49th, Dukes of the 136th, Graves of the 106th, 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, Jenkins of the 93rd, Keen of the 146th, Lucas of the 105th, McCall of the 78th, McClinton of the 59th, Post 1, Powell of the 23rd, Ray of the 108th, Sailor of the 61st, Post 1, Smith of the

2714

JOURNAL OF THE HOUSE

76th, Smyre of the 111th, Stephens of the 123rd, Thomas of the 43rd, 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 Rev. Jimmy R. Gibson, Pastor, Forest Chapel Baptist Church, Forest Park, 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 of the House were introduced, read the first time and referred to the Committees:
HB 1001. By Representatives Bannister of the 70th, Post 1, Ralston of the 6th, Williams of the 4th, Stephens of the 123rd, Marin of the 66th and others:

THURSDAY, APRIL 17, 2003

2715

A BILL to amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to provide that employees of employee leasing companies and professional employer organizations shall be presumed to have voluntarily left employment without good cause if the employees do not contact the employee leasing companies and professional employer organizations for reassignment upon the completion of an assignment; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1002. By Representatives Drenner of the 57th, Mobley of the 58th, Marin of the 66th and Benfield of the 56th, 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 municipalities, so as to provide that voluntary agencies that assist with the resettlement of refugees must make certain reports to the county and municipality in which such agencies are located; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1003. By Representatives Powell of the 23rd, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and Boggs of the 145th:
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 and General Contractors; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1004. By Representatives Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:
A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to

2716

JOURNAL OF THE HOUSE
promote tourism, conventions, and trade shows in Dalton and Whitfield County; and for other purposes.

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

HB 1005. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Article 6 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and death benefits in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff with at least 30 years of creditable service who is at least 55 years of age may begin receiving a retirement benefit and continue in service; and for other purposes.

Referred to the Committee on Retirement.

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

HB 987 HB 988 HB 992 HB 993 HB 994 HB 995 HB 996 HB 997 HB 998 HB 999 HB 1000 HR 743 HR 744 HR 745 HR 760 SB 202

SB 209 SB 251 SB 252 SB 270 SB 275 SB 276 SB 308 SB 362 SB 363 SB 364 SB 366 SB 368 SB 369 SB 373 SB 377

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:

THURSDAY, APRIL 17, 2003

2717

Mr. Speaker:

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

HR 358 HR 745 SB 81 SB 190

Do Pass Do Pass, by Substitute Do Pass, as Amended Do Pass

SB 264 Do Pass SB 265 Do Pass SB 333 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 45 SB 80 SB 116 SB 119

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

SB 132 SB 236 SB 281 SB 293

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

2718

JOURNAL OF THE HOUSE

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

SB 13 Do Pass, by Substitute SB 121 Do Pass, by Substitute SB 173 Do Pass

SB 229 Do Pass SB 357 Do Pass, by Substitute

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 of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 207 Do Pass, by Substitute SB 246 Do Pass SB 291 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 169 Do Pass, by Substitute SB 198 Do Pass, by Substitute SB 215 Do Pass

SB 292 Do Pass SB 345 Do Pass, by Substitute

THURSDAY, APRIL 17, 2003
Respectfully submitted, /s/ Snow of the 1st
Chairman

2719

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 400 Do Pass HR 543 Do Pass

HR 626 Do Pass HR 761 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 117 Do Pass, by Substitute SB 124 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

2720

JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on State Institutions and Property 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 73 Do Pass, by Substitute

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 has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 136 Do Pass SB 261 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th, Post 2
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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 728 Do Pass HB 848 Do Pass

HB 991 Do Pass SB 295 Do Pass

HB 912 HB 928 HB 929 HB 948 HB 983

Do Pass Do Pass Do Pass Do Pass Do Pass

THURSDAY, APRIL 17, 2003

SB 320 SB 321 SB 323 SB 327 SB 360

Do Pass Do Pass Do Pass Do Pass Do Pass

2721

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

SB 257 SR 6 SR 60 SR 66 SR 67

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

SR 69 SR 90 SR 150 SR 171 SR 229

Do Pass Do Pass Do Pass Do Pass, by Substitute 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 277 Do Pass

2722

JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Royal of the 140th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, APRIL 17, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 404 HR 530

House Hotel-Motel Tax Study Committee; create House Study Committee on Franchise Fees and the Use of Public Rights of Way; create

DEBATE CALENDAR

HB 322 HB 495 HR 265 SB 22
SB 156
SB 187
SB 211
SB 233
SB 250
SB 258

Appeals; judgments and rulings; amend provisions Landfill sites; used for certain construction; required tests Bicycle lanes throughout state; urge Department of Transportation create Criminal records; disclosure; employment; caring for children or elder persons Life Insurance; insurable interest on an employee by a corporation; consent of insured Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties Business corporations; mergers or share exchange; notice and contents; shareholders' rights Worker compensation; notices; employee's medical treatment; disability; benefits Vehicle certificate of title applications; owner's legal name and driver's license number Elections; conversion to direct recording electronic (DRE) voting systems; absentee ballot oath; handicapped assistance; polling places

THURSDAY, APRIL 17, 2003

2723

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 848. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
A BILL to provide that future elections for the office of chief magistrate of Bulloch 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 97, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

SB 321. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Meriwether 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

2724

JOURNAL OF THE HOUSE

SB 323. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Troup 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

HB 728. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
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.

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

HB 912. By Representative Hanner of the 133rd:
A BILL to provide a new charter for the City of Morgan; and for other purposes.

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

HB 928. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:

THURSDAY, APRIL 17, 2003

2725

A BILL to provide for a homestead exemption from Fulton County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base 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 929. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:
A BILL to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 948. By Representative Elrod of the 25th:
A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.

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

HB 983. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act creating a new charter for the City of Gainesville, so as to revise the districts for the election of members of the board of education; and for other purposes.

2726

JOURNAL OF THE HOUSE

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

HB 991. By Representative Stokes of the 72nd:
A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton Cunty with the costs paid by the City of Covington from city funds; and for other purposes.

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

SB 295. By Senator Crotts of the 17th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 320. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Troup County Public Facilities 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 from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the

THURSDAY, APRIL 17, 2003

2727

payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

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

SB 327. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; 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 provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 360. By Senators Starr of the 44th and Seay of the 34th:
A BILL to be entitled an Act to create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

2728 agreed to.

JOURNAL OF THE HOUSE

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

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

Y Amerson Y Anderson Y Ashe
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 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 Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper
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
Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y 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 Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard
Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Lunsford 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
Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C
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
Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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 152, nays 0. The Bills, having received the requisite constitutional majority, were passed.

THURSDAY, APRIL 17, 2003

2729

Representatives Barnes of the 84th, Post 2, and Dodson of the 84th, 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.

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 290. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new board of commissioners of Franklin County," approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved February 2, 2000 (Ga. L. 2000, p. 3501), and an Act approved April 29, 1997 (Ga. L. 1997, p. 4588), so as to change certain provisions relative to the county attorney; to repeal a provision that the county commission shall meet only in the county courthouse; to repeal conflicting laws; and for other purposes.
SB 353. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to create the City of Austell Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, quorum, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
SB 370. By Senator Kemp of the 3rd:
A BILL to be entitled an Act 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

2730

JOURNAL OF THE HOUSE

general primary 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.
SB 371. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; 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.
SB 374. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act relating to the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide for vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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

THURSDAY, APRIL 17, 2003

2731

County, so as to revise the districts for the election of members of the board of education; and for other purposes.
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.
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.
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.
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.
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:
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.
HB 587. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

2732

JOURNAL OF THE HOUSE

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.
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.
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.
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 Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
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.
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.
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

THURSDAY, APRIL 17, 2003

2733

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.
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.
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.
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.
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.
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.
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

2734

JOURNAL OF THE HOUSE

from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
HB 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.
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.
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.
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.
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.

THURSDAY, APRIL 17, 2003

2735

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.
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.
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.
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.
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.
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.
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;

2736

JOURNAL OF THE HOUSE

and for other purposes.
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.
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.
HB 309. By Representative Twiggs of the 8th:
A BILL to amend Code Section 36-62-5.1of 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.
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.
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.
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

THURSDAY, APRIL 17, 2003

2737

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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
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.
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.

2738

JOURNAL OF THE HOUSE

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 36-23-1of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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.
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

THURSDAY, APRIL 17, 2003

2739

County, so as to change the method of filling vacancies on said board; and for other purposes.

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

SB 290. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new board of commissioners of Franklin County," approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved February 2, 2000 (Ga. L. 2000, p. 3501), and an Act approved April 29, 1997 (Ga. L. 1997, p. 4588), so as to change certain provisions relative to the county attorney; to repeal a provision that the county commission shall meet only in the county courthouse; to repeal conflicting laws; and for other purposes.

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

SB 353. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to create the City of Austell Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, quorum, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.

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

SB 370. By Senator Kemp of the 3rd:

2740

JOURNAL OF THE HOUSE
A BILL to be entitled an Act 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 general primary 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.

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

SB 371. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; 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.

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

SB 374. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act relating to the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide for vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative Bunn of the 63rd arose to a point of personal privilege and addressed the House.

THURSDAY, APRIL 17, 2003

2741

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

Representative Dooley of the 33rd, Post 3 arose to a point of personal privilege and addressed the House.

Representative Fludd of the 48th, Post 4 arose to a point of personal privilege and addressed the House.

Representative Buckner of the 109th 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 Rogers of the 15th arose to a point of personal privilege and addressed the House.

Representative Marin of the 66th 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 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 543. By Representative James of the 114th: A RESOLUTION commending the Taylor County High School Lady

2742

JOURNAL OF THE HOUSE
Vikings basketball team and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

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.

HR 761. By Representative Elrod of the 25th:
A RESOLUTION commending the Jefferson High School Wrestling 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 and Senate were taken up for consideration and read the third time:

HR 404. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, Stephens of the 123rd, McClinton of the 59th, Post 1 and others:
A RESOLUTION creating the House Hotel-Motel Tax Study Committee and a citizens advisory council for such committee; and for other purposes.

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

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.

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

was agreed to.

THURSDAY, APRIL 17, 2003

2743

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 Y 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 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 Y Ehrhart Y Elrod
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 Y Henson N 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 N Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning
Marin Y Martin N 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 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 Y Reece, S N 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

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre 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 E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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 150, nays 9. The Resolutions, having received the requisite constitutional majority, were adopted.

2744

JOURNAL OF THE HOUSE

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.

The following Committee substitute was read and adopted:
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 remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to comply with the provisions of the federal Help America Vote Act; to require the State Election Board to define by rule and regulation what constitutes a vote; to provide for complaint procedures; to provide for the confidentiality of certain registration information; to provide procedures for absentee balloting for uniformed services and overseas voters; to provide for reports concerning voting by such uniformed services and overseas voters; to require voters who register to vote by mail for the first time in this state to provide identification prior to voting for the first time; to provide for exceptions; to provide for the designation of such voters on the electors list; 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 instructions for absentee voting shall include information on the effect of overvotes and how to correct errors on the ballot or obtain a replacement ballot; 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 sample ballots; to provide for certain poll watchers; to provide additional items of acceptable identification; to provide for the review of overvoted ballots; to provide that, when poll hours are extended by court order, all voters who vote after the normal poll closing time shall vote by provisional ballot; to provide that such ballots shall be kept separate from other ballots; to provide for the storage of certain election materials; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 17, 2003

2745

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 primaries and elections generally, is amended by striking paragraph (4) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder equipment for the primary or election and with instructing the poll officers in the use of same."
SECTION 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 21-231, relating to the duties of the State Election Board, and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows:
"(7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; and (8) (9) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections."
SECTION 2A. Said chapter is further amended by inserting a new Code Section 21-2-50.2 to read as follows:
"21-2-50.2. (a) The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002. (b) As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act. (c) Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be resolved pursuant to rules and regulations promulgated under subsection (b) of this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002."
SECTION 3. Said chapter is further amended by striking paragraph (5) of Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof a new paragraph (5) to read as follows:

2746

JOURNAL OF THE HOUSE

"(5) To purchase, except voting machines and vote recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;".
SECTION 4. Said chapter is further amended by striking paragraph (4) of Code Section 21-2-71, relating to payment by county or municipality of superintendents expenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Maintenance of all voting machines, vote recorders, and of all other primaries and election equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and".
SECTION 5. Said chapter is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration by members of the armed forces or merchant marine and permanent overseas citizens, and inserting in lieu thereof new subsections (d), (f), (g), and (h) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." "(f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot. (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election. (h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election."

THURSDAY, APRIL 17, 2003

2747

SECTION 6. Said chapter is further amended by striking Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new Code Section 21-2-220 to read as follows:
"21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response. (c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law. (c)(d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections;

2748

JOURNAL OF THE HOUSE

provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (d)(e) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicants application has been approved and the applicants name added to the list of electors, the giving of such false information shall be cause to challenge the applicants right to remain on the list of electors, which, if sustained, shall result in such applicants name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. (e)(f) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance. (g) The registrars shall note on their records and the electors list any elector who registers by mail for the first time in this state and does not provide the identification required by subsection (c) of this Code section."
SECTION 7. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu

THURSDAY, APRIL 17, 2003

2749

thereof a new subsection (b) to read as follows: "(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to Code Section 21-2-417(b) and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 21-2-235, relating to inactive list of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the electors registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the electors registration records."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-267, relating to equipment at 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 direct recording electronic (DRE) voting units 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

2750

JOURNAL OF THE HOUSE

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 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 11. Said chapter is further amended by striking subsection (d) of Code Section 21-2-379.7, relating to preparation of polling places, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent shall, at least one hour prior to the opening of the polls: (1) Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities; (2) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place; (3) Ensure that each DRE units tabulating mechanism is secure throughout the day during the primary or election; and (4) Provide at least one DRE unit accessible to disabled electors at each precinct; and (5) Provide such other materials and supplies as may be necessary or required by law."
SECTION 12. Said chapter is further amended by striking paragraph (1) 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 (1) to read as follows:
"(1) Not Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or

THURSDAY, APRIL 17, 2003

2751

municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."

2752

JOURNAL OF THE HOUSE

SECTION 13. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of ballots, and inserting in lieu thereof a new Code Section 21-2383 to read as follows:
"21-2-383. 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 direct recording electronic (DRE) units 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."
SECTION 14. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2384, relating to oath of absentee electors, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how

THURSDAY, APRIL 17, 2003

2753

the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error.
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. 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.

____________________ Electors Residence
Address ____________________ Month and Day of Electors Birth

________________________ Electors Place of Birth

_______________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electors absentee ballot as such elector personally communicated such electors preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________________. _______________________ Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector has following physical disability________________________________. The forms upon which such oaths are printed shall contain the following information:

2754

JOURNAL OF THE HOUSE

Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such electors mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration of the elector during the time provided pursuant to Code Section 21-2-419."
SECTION 16. Said chapter is further amended by striking subsection (b) of Code Section 21-2-386,

THURSDAY, APRIL 17, 2003

2755

relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders or optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which vote recorders or optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close."
SECTION 17. Said chapter is further amended by striking subsection (c) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In those counties and municipalities which employ the use of vote recorders or voting machines, the The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballots or ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."
SECTION 18. Said chapter is further amended by striking subsection (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In counties or municipalities using vote recorders direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in

2756

JOURNAL OF THE HOUSE

the same manner as other poll watchers."
SECTION 19. Said chapter is further amended by striking subsection (a) and paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or have physical disabilities, and inserting in lieu thereof a new subsection (a) and paragraph (2) of subsection (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder equipment or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. The elector shall take an oath that shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The printed name and the signature of such person assisting the elector shall be provided on the oath. Except that an for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind electors declaration without the necessity of an oath. The printed name and the signature of each such person assisting a blind elector shall be shown provided on the declaration." "(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-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law."

THURSDAY, APRIL 17, 2003

2757

SECTION 20. Said chapter is further amended by striking subsection (f) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons children under 18 years of age accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such electors child or children under 18 years of age unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a of the voting machine or vote recorder equipment under any circumstances."
SECTION 21. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other

2758

JOURNAL OF THE HOUSE

authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 22. Said chapter is further amended by adding new subsections (d), (e), (f), and (g) to Code Section 21-2-418, relating to provisional ballots, to read as follows:
"(d) Notwithstanding any provision of this chapter to the contrary, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain

THURSDAY, APRIL 17, 2003

2759

reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board."
SECTION 23. Said chapter is further amended by striking subsection (c) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this chapter to the contrary and in accordance with the rules and regulations of the State Election Board promulgated pursuant to paragraph (7) of Code Section 21-2-31, if the elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter."
SECTION 24. Said chapter is further amended by repealing and reserving Part 4 of Article 11.
SECTION 25. Said chapter is further amended by striking Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, and inserting in lieu thereof a new Code Section 21-2-482 to read as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars 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 or municipalities using voting machines, vote recorders direct recording electronic (DRE) units, or optical scanners, 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 on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of

2760

JOURNAL OF THE HOUSE

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."
SECTION 26. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483, relating to the counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voters intent as described in subsection (c) of Code Section 21-2438. (B) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the electors intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control."
SECTION 27. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the

THURSDAY, APRIL 17, 2003

2761

ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists." "(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent."
SECTION 28. Said chapter is further amended by striking subsection (a) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly."
SECTION 29. Said chapter is further amended by striking Code Section 21-2-500, relating to delivery of voting materials, and inserting in lieu thereof a new Code Section 21-2-500 to read as

2762

JOURNAL OF THE HOUSE

follows: "21-2-500. (a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning programming of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24

THURSDAY, APRIL 17, 2003

2763

months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voters certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 30. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-566, relating to interference with primaries and elections generally, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Willfully tampers with any electors list, voters certificate, numbered list of voters, ballot box, voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine".
SECTION 31. Said chapter is further amended by striking paragraph (3) of Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or ballot card or to register his or her vote on the voting machine or vote recorder direct recording electronic (DRE) equipment; or".
SECTION 32. Said chapter is further amended by striking Code Section 21-2-582, relating to tampering with, damaging, or preventing of proper operation of vote recorders or tabulating machines, and inserting in lieu thereof the following:
"21-2-582. Any person who tampers with or damages any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device shall be guilty of a felony."
SECTION 33. Said chapter is further amended by striking Code Section 21-2-582.1, relating to penalty for voting equipment modification, and inserting in lieu thereof a new Code Section 21-2582.1 to read as follows:
"21-2-582.1. (a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or

2764

JOURNAL OF THE HOUSE

direct recording electronic recording voting system. (b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 34. Said chapter is further amended by striking paragraph (6) of Code Section 21-2-587, relating to frauds by poll officers, and inserting in lieu thereof a new Code Section 21-2587 to read as follows:
"(6) Tampers with any voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine computer or device;".
SECTION 35. 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 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 Day Y Dean Y 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 N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
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 E Lewis Y Lord Y Lucas Y Lunsford
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 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 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 Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 17, 2003

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

2765
E White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 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.

The following Committee substitute was read:

A BILL
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,

2766

JOURNAL OF THE HOUSE

so as to authorize the Georgia Crime Information Center to provide records related to prosecution of certain first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly, mentally ill, or mentally retarded persons and was prosecuted for one of a list of specified offenses; to provide that certain persons discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly, mentally ill, or mentally retarded persons if prosecuted for one of a list of specified offenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in Code Section 35-3-34, relating to disclosure of criminal records to private persons and businesses by the Georgia Crime Information Center, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".
SECTION 2. Said chapter is further amended in Code Section 35-3-35, relating to disclosure of criminal records to public agencies or political subdivisions by the Georgia Crime Information Center, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and".
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 35-3-34.1 to read as follows:
"35-3-34.1. Where an offender has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offenders record of arrests, charges, or sentences if:
(1) The offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004; and either

THURSDAY, APRIL 17, 2003

2767

(2) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (3) The request for information is an inquiry about a person who has applied for employment with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-62, relating to discharge without adjudication of guilt for certain offenders confined or placed on probation as first offenders, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record,

2768

JOURNAL OF THE HOUSE

and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge."
SECTION 5. Said chapter is further amended by inserting a new Code section to read as follows:
"42-8-63.1. A discharge under this article may be used to disqualify a person for employment if:
(1) The offender was discharged under this article on or after July 1, 2004; and either (2) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest; (3) The employment is with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 6. This Act shall become effective on July 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Buck of the 112th and Morris of the 120th move to amend the committee substitute to SB 22 by adding after the first semicolon on line 9 of page 1 the following:
"to change provisions relating to records submitted to the center;".
By inserting between Sections 3 and 4 a new Section 3A to read as follows:

THURSDAY, APRIL 17, 2003

2769

"SECTION 3A. Said chapter is further amended in Code Section 33-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
'(e) All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding.'"
By adding before the period on line 8 of page 4 the following:
", except that Section 3A shall become effective on July 1, 2003".

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 Day Y Dean Y 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
Forster

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 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 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

2770
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 Franklin Y Gardner Y 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 Y Henson Y Hill, C

Y Lane E 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 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 Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to change certain provisions relating to judgments and

THURSDAY, APRIL 17, 2003

2771

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 911-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, and inserting in lieu thereof the following:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will.; (9) All orders denying nonparties engaged in news gathering the privilege pursuant to Code Section 24-9-30; (10) All orders in criminal cases as provided in Code Sections 5-7-1 and 5-7-2; (11) All declaratory judgments as provided in Code Section 9-4-2;

2772

JOURNAL OF THE HOUSE

(12) All orders granting motions for summary judgment as provided in subsection (h) of Code Section 9-11-56; and (13) All other orders and judgments deemed subject to immediate review by applicable law."
SECTION 2. Said article is further amended by striking subsections (a) and (j) of Code Section 5-6-35, relating to cases requiring application for appeal, contents, filing, and service of application, exhibits, response by opposing party, issuance of appellate court order, procedure, supersedeas, and jurisdiction of appeal, and inserting in their places, respectively, the following:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorneys fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal.; and (12) Appeals of all actions filed by prisoners pursuant to Code Section 42-12-8."
"(j) When an appeal in a case enumerated in subsection (a) of Code Section 5-6-34, but not in subsection (a) of this Code section, subject to direct appeal is initiated by filing

THURSDAY, APRIL 17, 2003

2773

an otherwise timely application for permission to appeal pursuant to subsection (b) of this Code section or subsection (b) of Code Section 5-6-34 without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application. Thereafter the appeal shall proceed as provided in subsection (g) of this Code section."
SECTION 3. Said article is amended further by striking Code Section 5-6-39, relating to extensions of time for filing notice of appeal, notice of cross appeal, transcript of evidence, designation of record and other similar motions, and inserting in lieu thereof the following:
"5-6-39. (a) Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken may, in his or her discretion, and without motion or notice to the other party, grant extensions of time for the filing of:
(1) Notice of appeal; (2) Notice of cross appeal; (3) Transcript of the evidence and proceedings on appeal or in any other instance where filing of the transcript is required or permitted by law; (4) Designation of record referred to under Code Section 5-6-42; and (5) Any other similar motion, proceeding, or paper for which a filing time is prescribed. (b) Any justice or judge of the appellate court to which the appeal is taken may, in his or her discretion, and without motion or notice to the other party, grant extensions of time for the filing of application for permission to appeal pursuant to subsection (b) of Code Section 5-6-35. (b)(c) No extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict. (c)(d) Only one extension of time shall be granted for filing of a notice of appeal and a notice of cross appeal, and the extension shall not exceed the time otherwise allowed for the filing of the notices initially. (d)(e) Any application to any court, justice, or judge for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner prescribed by Code Section 5-6-32."
SECTION 4. Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, is amended by striking subsection (h) and inserting in lieu thereof the following:
"(h) Appeal. An order granting summary judgment on any issue or as to any party shall be subject to review by appeal. An order denying summary judgment shall be subject to review by direct appeal in accordance with subsection (b) of Code Section 5-6-34."

2774

JOURNAL OF THE HOUSE

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. This Act shall apply to any case pending on or brought after the effective date of this Act.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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 Day Y Dean Y 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
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 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 E 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 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 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 Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

THURSDAY, APRIL 17, 2003

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

2775
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.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 118, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.

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 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read:

2776

JOURNAL OF THE HOUSE

Representatives Channell of the 77th et al. move to amend SB 329 by inserting after "policy" on line 16 on page 3 the following:
"; provided, however, that said contract shall not exclude coverages for health care services or benefits required by state law or state regulations requiring the reimbursement or utilization related to specific illnesses, injuries, or health conditions of the covered person or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person".

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 Y Benfield Y Birdsong
Black N 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 Y Burkhalter Y 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 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
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
Hanner N Harbin N Harper Y Harrell N Heard, J N Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Hill, V
N Hines Y Holmes N 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 E Lewis N Lord
Lucas N Lunsford N Maddox Y Mangham Y Manning
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 N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y 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 N Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott N Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P N 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 E Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland E White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

THURSDAY, APRIL 17, 2003 On the adoption of the amendment, the ayes were 91, nays 77. The amendment was adopted.

2777

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 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
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

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
Knox Y Lane E Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
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 E Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland E 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 167, nays 0.

2778

JOURNAL OF THE HOUSE

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

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.

The report of the Committee, which was favorable to the 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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux N Borders Y Bridges N Brock Y Brooks N Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler Y Campbell

N Day Y Dean Y Deloach
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 Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin

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

Y Mobley Moraitakis
N 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 N Reece, B N Reece, S Y Rice N Richardson N Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N 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 E Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland

N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B N Cooper N Crawford Y Cummings

THURSDAY, APRIL 17, 2003

N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

N Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott
Shaw Y Sheldon Y Sholar

2779
E 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, the ayes were 105, nays 58. 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.

Representative Mills of the 67th, Post 2 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

2780

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 777. By Representative Marin of the 66th:
A RESOLUTION recognizing the Junior Achievement Hispanic Initiative; and for other purposes.

HR 782. By Representatives Hill of the 16th, Franklin of the 17th, Murphy of the 14th, Post 2, Rogers of the 15th and Knox of the 14th, Post 1:
A RESOLUTION recognizing and posthumously honoring James C. (Jim) Gilmore for the many contributions he made during his lifetime to the citizens of the United States of America, the State of Georgia, and Cherokee County; and for other purposes.

HR 783. By Representative Franklin of the 17th:
A RESOLUTION expressing regret at the passing of Gregory Charles Bennett, Jr.; and for other purposes.

HR 784. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Vontressa Childs for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 785. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, DeLoach of the 127th, Barnard of the 121st, Post 1, Stephens of the 123rd and others:
A RESOLUTION commending the Bryan County 2002-2003 STAR students and STAR teachers; and for other purposes.

THURSDAY, APRIL 17, 2003

2781

HR 786. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION commending the Effingham County 2002-2003 STAR students and STAR teachers; and for other purposes.

HR 787. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION commending J. Steve Woodham; and for other purposes.

HR 788. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Nancy Smith for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 789. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mr. Kono Smith for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 790. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Teresa Hall for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 791. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Karen Daily for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 792. By Representative Dukes of the 136th: A RESOLUTION recognizing and commending Mrs. Valerie Williams for

2782

JOURNAL OF THE HOUSE
outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 793. By Representative Channell of the 77th:
A RESOLUTION celebrating the birth of Robert Melvin Channell IV; and for other purposes.

HR 794. By Representative Massey of the 24th:
A RESOLUTION commending and congratulating Arthur J. Finley; and for other purposes.

HR 795. By Representative Ray of the 108th:
A RESOLUTION congratulating and commending Providence Primitive Baptist Church of Roberta; and for other purposes.

HR 796. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mr. Gary Bradley for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 797. By Representative Channell of the 77th:
A RESOLUTION celebrating the birth of John Scott Shepherd, Jr.; and for other purposes.

HR 798. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Wynathia Ellison for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 799. By Representative Marin of the 66th:

THURSDAY, APRIL 17, 2003

2783

A RESOLUTION recognizing the Dia de la Mujer Latina health festival; and for other purposes.

HR 800. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Topedric Hill for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 801. By Representative Reece of the 11th:
A RESOLUTION congratulating the Beersheba Presbyterian Church; and for other purposes.

HR 802. By Representatives Westmoreland of the 86th, Fludd of the 48th, Post 4, Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION commending Andrew Dolder; and for other purposes.

HR 803. By Representative Douglas of the 73rd:
A RESOLUTION congratulating the Salem United Methodist Church; and for other purposes.

HR 804. By Representatives Smyre of the 111th and Sinkfield of the 50th:
A RESOLUTION commending Mrs. Martha Talbot Eaves for her many, many years of faithful service advocating for Georgia's elder citizens; and for other purposes.

HR 805. By Representatives Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and Ralston of the 6th:
A RESOLUTION commending Private John Adam Keeney; and for other purposes.

2784

JOURNAL OF THE HOUSE

HR 806. By Representative Howell of the 92nd:
A RESOLUTION commending Jo Anne Phinazee for being selected Woman of the Year; and for other purposes.

HR 807. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Rosa Givens for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 808. By Representatives Williams of the 128th and DeLoach of the 127th: A RESOLUTION honoring Mrs. Lillie Bell Gaulden; and for other purposes.

HR 809. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Mary Clark for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 810. By Representative Ralston of the 6th: A RESOLUTION commending Windell Davis; and for other purposes.

HR 811. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mrs. Ellen Lane for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 812. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Miss Laurinda Odom for outstanding contributions to public education in the State of Georgia; and for other purposes.

THURSDAY, APRIL 17, 2003

2785

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 197. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and others:
A BILL to be entitled an Act to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 4035), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year; to repeal that constitutional amendment duly ratified at the 1966 general election (H.R. 6099; Ga. L. 1966, p. 924); to repeal conflicting laws; and for other purposes.
SB 224. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide a residency requirement for election to the office of mayor or city councilmember; to repeal conflicting laws; and for other purposes.
SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the

2786

JOURNAL OF THE HOUSE

selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 381. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Baker County in conjunction with the 2004 General Election on the question of whether the contract between the Baker County Board of Education and the Mitchell County Board of Education that consolidates the Baker County High School with the Mitchell County High School should be allowed to expire and the Baker County High School students be returned to Baker County to receive their education in the future; to provide for related matters; to repeal conflicting laws; and for other purposes
SB 382. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Mitchell County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
SB 383. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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

THURSDAY, APRIL 17, 2003

2787

fees charged by the clerk and marshal of said court; and for other purposes.
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.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 92. By Representative Bridges of the 7th:
A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 204. By Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Zamarripa of the 36th, Adelman of the 42nd and others:
A BILL to be entitled an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for education districts; to provide for an oath of office, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 331. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have the power to levy taxes on owner occupied

2788

JOURNAL OF THE HOUSE
residential property; to provide for applicability; 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 197. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and others:
A BILL to be entitled an Act to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 4035), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1966 general election (H.R. 60-99; Ga. L. 1966, p. 924) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons, provided that the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 per year; to repeal that constitutional amendment duly ratified at the 1966 general election (H.R. 6099; Ga. L. 1966, p. 924); to repeal conflicting laws; and for other purposes.

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

SB 204. By Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Zamarripa of the 36th, Adelman of the 42nd and others:
A BILL to be entitled an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for education districts; to provide for an oath of office, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 17, 2003

2789

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

SB 224. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide a residency requirement for election to the office of mayor or city councilmember; to repeal conflicting laws; and for other purposes.

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

SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 331. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have the power to levy taxes on owner occupied residential property; to provide for applicability; to repeal conflicting laws; and for other purposes.

2790

JOURNAL OF THE HOUSE

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

SB 381. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Baker County in conjunction with the 2004 General Election on the question of whether the contract between the Baker County Board of Education and the Mitchell County Board of Education that consolidates the Baker County High School with the Mitchell County High School should be allowed to expire and the Baker County High School students be returned to Baker County to receive their education in the future; to provide for related matters; to repeal conflicting laws; and for other purposes

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

SB 382. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Mitchell County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

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

SB 383. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 17, 2003

2791

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

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 following recommendations:
SB 262 Do Pass SB 280 Do Pass, by Substitute SB 301 Do Pass

Respectfully submitted, /s/ Parham of the 94th
Chairman

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

SB 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.

The following Committee amendment was read and adopted:

2792

JOURNAL OF THE HOUSE

The Committee on Industrial Relations moves to amend SB 233 by inserting on line 15 of page 2 immediately after the word and symbol "employer," the words "upon order of the board".

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 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
Floyd, H Y Floyd, J
Fludd 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 Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning
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
Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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 167, nays 0.

THURSDAY, APRIL 17, 2003

2793

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

Due to a mechanical malfunction, the vote of Representative Twiggs of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 187. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council; to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendments were read and adopted:

Representative Boggs of the 145th moves to amend SB 187 by adding after the semicolon on line 6 of page 1 the following:
"to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers;".
By adding after Section 3 a new Section 3.1 to read as follows:
"SECTION 3.1. Said title is further amended by adding at the end of Chapter 1 a new Code section to read as follows:
'35-1-14. (a) As used in this Code section, the term:
(1) "Airport Anti-Terrorism Training Committee" means a committee composed of three members: one appointed by and to serve at the pleasure of the commissioner of transportation; one appointed by and to serve at the pleasure of the State Board of Technical and Adult Education; and one appointed by and to serve at the pleasure of

2794

JOURNAL OF THE HOUSE

the commissioner of public safety. (2) "Airport manager" means, with respect to each airport located in this state, the person who serves as manager, serves as general manager, or otherwise serves as the chief administrative officer of such airport. If for any airport, there is more than one person who may fit such definition, the local government, authority, or company operating such airport shall designate one such person as its airport manager for purposes of this Code section. (b) The Airport Anti-Terrorism Training Committee shall establish and maintain an annual training program for persons who serve as airport managers. It shall be unlawful for any person to serve as an airport manager in this state unless such person is in compliance with rules and regulations of the Airport Anti-Terrorism Training Committee implementing this Code section. Such rules and regulations: (1) Shall require each airport manager in this state to complete 14 hours of annual training, with the initial annual training required no later than calendar year 2003; (2) Shall establish the curriculum of such annual training; (3) May provide for exemption from or delay of the annual training otherwise required in cases of providential cause or hardship; and (4) May provide for exemption from the annual training otherwise required for airport managers who demonstrate that they have or will otherwise obtain the competencies taught in the annual training curriculum. (c) The Airport Anti-Terrorism Training Committee shall by agreement or contract arrange for the annual training required under this Code section to be administered by the Georgia Aviation Technical College under the jurisdiction of the State Board of Technical and Adult Education. (d) The tuition costs of providing such training may be paid in whole or in part from funds appropriated or otherwise available to any department represented on the Airport Anti-Terrorism Training Committee or may be paid in whole or in part by the airport managers being trained or any combination thereof, as established by the Airport AntiTerrorism Training Committee.'"

Representatives Crawford of the 91st and Boggs of the 145th move to amend SB 187 by striking all matter on lines 20 through 26 of page 2 and inserting in place thereof the following:
"The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection, provided that shall be made available to persons employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons,; and such persons shall be allowed to purchase such policies of liability insurance and contracts of indemnity insurance and for the purpose of this article shall be considered to be state employees.'"

THURSDAY, APRIL 17, 2003

2795

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:

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
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
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 Y Lunsford Y Maddox
Mangham Y Manning
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
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
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 250. By Senator Bulloch of the 11th:

2796

JOURNAL OF THE HOUSE
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.

The following amendment was read:

Representative Franklin of the 17th moves to amend SB 250 as follows:
P. 2, line 3 before "residence" add "or identification number".

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

Y Amerson N Anderson
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
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 Day 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
Fludd Y Forster Y Franklin N Gardner Y Golick
Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K

N 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
Jordan Y Joyce Y Keen Y Knox N Lane E Lewis
Lord N Lucas Y Lunsford N Maddox
Mangham N Manning N Marin Y Martin N Massey Y Maxwell N McBee

Y 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 N Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders

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

Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

THURSDAY, APRIL 17, 2003

Y Heath Heckstall
Y Hembree N Henson Y Hill, C

Y McCall N McClinton Y Millar Y Mills N Mitchell

Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 69, nays 93. The amendment was lost.

2797
N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read and adopted:

Representatives Mills of the 67th, Post 2 et al. move to amend SB 250 as follows:
On page 2, and on line 4, after "owner" insert the following ", and their country of legal citizenship".

The following amendment was read:

Representative Forster of the 3rd, Post 1 moves to amend SB 250 by striking lines 1 through 4 of page 1 and inserting in their place the following:
"To amend Title 40 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 change certain provisions relating to registration and license requirements, extension of registration period, and penalties; to change certain provisions relating to operating restrictions for off-road vehicles; to change certain provisions relating to authority to regulate time periods and to establish zones of use of off-road vehicles; to repeal conflicting laws; and for other purposes."
By adding line 17 of page 2 the following:
"SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-20, relating to registration and license requirements, extension of registration period, and penalties, and inserting in lieu thereof the following:
'(b) Subsection (a) of this Code section shall not apply:

2798

JOURNAL OF THE HOUSE

(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (1.1) To any off-road vehicle when operated on any unpaved highway as authorized by Chapter 7 of this title; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped.'
SECTION 3. Said title is further amended by striking Code Section 40-7-4, relating to operating restrictions for off-road vehicles, and inserting in lieu thereof the following:
'40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent; (3) On any unpaved highway unless such use is permitted as provided by Code Section 40-7-5; or (4) On any paved highway except when directly crossing the same at its intersection with an unpaved highway on which use of such off-road vehicle is permitted under paragraph (3) of this Code section.'
SECTION 4. Said title is further amended by striking Code Section 40-7-5, relating to authority to regulate time periods and to establish zones of use of off-road vehicles, and inserting in lieu thereof the following:
'40-7-5. (a)(1) Municipalities Incorporated towns and municipalities and counties shall have

THURSDAY, APRIL 17, 2003

2799

the authority to adopt ordinances consistent with state laws or regulations to regulate time periods and zones of off-road use for off-road vehicles. (2) Counties may, by ordinance, permit the use of off-road vehicles on unpaved highways or portions thereof during daytime within their respective jurisdictions. Such ordinances shall not require off-road vehicles to meet any requirements of general law as to registration or licensing; provided, however, that any such vehicle shall be required to meet the same equipment requirements as those which are applicable to motorcycles under Chapter 8 of this title and to display a permit in the same manner as a license plate issued under Chapter 2 of this title, which permit shall be issued by the county tag agent on a form prescribed by the Department of Motor Vehicle Safety to a resident owner for a fee not to exceed $15.00, which fee shall be retained by the county, the permit to remain permanently with such off-road vehicle unless ownership of such vehicle is transferred or the permit is mutilated or destroyed. Such permit shall be valid in any county of this state which authorizes the use of offroad vehicles on unpaved highways. Persons operating off-road vehicles on unpaved highways shall be subject to the same requirements as are applicable to operators of motorcycles under Chapter 6 of this title. (b) Agencies of state government shall have the authority to adopt rules and regulations to regulate time periods and zones for use for off-road vehicles on property under their jurisdiction or management.'"
By renumbering Section 2 as Section 5.

The following amendment was read and adopted:

Representative Crawford of the 91st moves to amend the Forster amendment to SB 250 as follows:
Pg. 2, line 35 after the number "8" to insert, "however this shall not apply to any vehicle which is drawn by an equine."

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

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

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

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

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

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

2800
N Birdsong Y Black
Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter Y Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell N Childers Y Coan N Coleman, B Y Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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 N Golick Y 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 Y Hembree N Henson Y Hill, C

N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan Y Joyce
Keen Y Knox Y Lane E Lewis Y Lord
Lucas Y Lunsford Y 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

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

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 Y Twiggs E Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland E White N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R
Wix N Yates
Coleman, Speaker

On the adoption of the amendment, as amended, the ayes were 70, nays 98. The amendment was lost.

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

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

Y Amerson N Anderson Y Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
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

N 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 Sims Y 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

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

THURSDAY, APRIL 17, 2003

N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin
Gardner E 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 N Hill, C

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

N 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 N Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

2801
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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, as amended, the ayes were 132, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Forster of the 3rd, Post 1 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.

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.

2802

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 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 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 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 E Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall 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 E Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin E 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
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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
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 E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 211. By Senators Adelman of the 42nd and Clay of the 37th: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A.,

THURSDAY, APRIL 17, 2003

2803

relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to confirm that a merger does not result in a conveyance, transfer, or reassignment of property; to correct a typographical error; to revise shareholders right of dissent 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 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking subsection (h) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) Without limiting the manner by which notice otherwise may be given effectively under this chapter:
(1) Any notice by a corporation under any provision of this chapter, the articles of incorporation, or the bylaws to record or beneficial holders of its shares shall be effective if given by a single written notice to two or more such holders who share an address if consented to by those holders. Any such consent shall be revocable by a holder by written notice to the corporation. Except as provided in paragraph (2) of

2804

JOURNAL OF THE HOUSE

this subsection, any such consent shall be in writing and signed by each record or beneficial holder with respect to which such single written notice is to be effective. (2) Any record or beneficial holder of shares of any class or series which are either listed on a national securities exchange or held of record by more than 500 shareholders who fails to object in writing to the corporation, within 60 days of having been given written notice by the corporation of its intention to send the single notice permitted under paragraph (1) of this subsection to such holders, shall be deemed to have consented to receiving such single written notice. (i) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern."
SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 14-2-601, relating to authorized shares, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (i) Nothing contained in this Code section shall be deemed to limit the board of directors authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2-624."
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a class or, if applicable, series within a class must have preferences, limitations, and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, all shares of a series must have preferences, limitations, and relative rights identical with those of other series of the same class; provided, however, that any of the voting powers, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."

THURSDAY, APRIL 17, 2003

2805

SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 14-2-624, relating to share options, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The terms of the rights, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly and expressly set forth in the document evidencing the rights or in the resolution. Such terms and conditions need not be set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1007, relating to restated articles of incorporation, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder entitled to vote of the proposed shareholders meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change."
SECTION 6. Said chapter is further amended by adding a new subsection (d) to Code Section 14-21101, relating to merger, to read as follows:
"(d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 14-2-1102, relating to share exchange, and inserting in lieu thereof new subsections (d) and (e) to

2806

JOURNAL OF THE HOUSE

read as follows: "(d) Any of the terms of the plan of share exchange may be made dependent upon facts ascertainable outside of the plan of share exchange, provided that the manner in which such facts shall operate upon the terms of the share exchange is clearly and expressly set forth in the plan of share exchange. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (e) This Code section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange of shares or otherwise."
SECTION 8. Said chapter is further amended by striking Code Section 14-2-1104, relating to merger with subsidiary, and inserting in lieu thereof a new Code Section 14-2-1104 to read as follows:
"14-2-1104. (a) A parent corporation owning that owns at least 90 percent of the outstanding shares of each class and series of a subsidiary corporation may either merge the subsidiary into itself or into another such subsidiary or merge itself into the subsidiary corporation without the approval of the board of directors or shareholders of the parent or subsidiary except as provided in subsection (b) of this Code section subsidiary. (b) If a parent corporation merges itself into a subsidiary corporation as provided in subsection (a) of this Code section, the parent corporation shall comply with the requirements of Code Section 14-2-1103 unless:
(1) Immediately following the effective time of the merger, the articles of incorporation and the bylaws of the surviving corporation are identical, except for any differences in the articles of incorporation permitted by amendments enumerated in Code Section 14-2-1002, to the articles of incorporation and the bylaws of the parent corporation immediately prior to the effective time of the merger; (2) Each shareholder of the parent corporation whose shares were outstanding immediately prior to the effective time of the merger will receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; (3) The number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; and (4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger. (c) The board of directors of the parent shall adopt a plan of merger that sets forth:

THURSDAY, APRIL 17, 2003

2807

(1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the surviving corporation or any other corporation or into cash or other property in whole or in part. (d) (c) Within ten days after the corporate action is taken, the surviving corporation shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary or parent who does not waive the mailing requirement in writing. If, as provided under subsection (a), approval of a merger by the subsidiarys shareholders is not required, the surviving corporation shall, within ten days after the effective date of the merger, notify each of the subsidiarys shareholders that the merger has become effective. (d) Except as provided in subsections (a), (b), and (c) of this Code section, a merger between a parent and a subsidiary shall be governed by the provisions of Article 11 of this chapter applicable to mergers generally. (e) If the parent corporation is the surviving corporation, articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002). Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 9. Said chapter is further amended by striking Code Section 14-2-1106, relating to the effect of merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1106 to read as follows:
"14-2-1106. (a) When a merger governed by Article 11 of this chapter takes effect:
(1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation or entity except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by, and every contract right possessed by, each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment, without further act or deed, and without any conveyance, transfer, or assignment having occurred; (3) The surviving corporation or entity has all liabilities of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; (5) The articles of incorporation or other governing documents of the surviving

2808

JOURNAL OF THE HOUSE

corporation or entity are amended to the extent provided in the plan of merger; and (6) The shares of each corporation party to the merger and the shares of each of the entities party to the merger that are to be converted into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property are converted and the former holders of the shares are entitled only to the rights provided in the plan of merger or to their rights under Article 13 of this chapter otherwise provided by law. (b) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the plan of share exchange or to their rights under Article 13 of this chapter. (c) For purposes of this Code section, the definitions contained in Code Section 14-21109 shall be applicable."
SECTION 10. Said chapter is further amended by striking paragraph (8) of subsection (a) and subsections (e) and (f) of Code Section 14-2-1109, relating to merger with other entities, and inserting in lieu thereof a new paragraph (8) of subsection (a) and new subsections (e), (f), and (g) to read as follows:
"(8) 'Shareholder' includes every member of a limited liability company or a jointstock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein." "(e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) For a plan of merger to be approved, the board of directors of each merging corporation must recommend the plan of merger to the shareholders in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of any other entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations shall comply with all other Code sections of this chapter which relate to the merger of domestic corporations. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (f) (g) Each merging corporation shall comply with the requirements of Code Section 14-2-1105."
SECTION 11. Said chapter is further amended by striking Code Section 14-2-1302, relating to the right

THURSDAY, APRIL 17, 2003

2809

to dissent, and inserting in lieu thereof a new Code Section 14-2-1302 to read as follows: "14-2-1302. (a) A record shareholder of the corporation is entitled to dissent from, and obtain payment of the fair value of his or her shares in the event of, any of the following corporate actions: (1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or 14-2-1104 or the articles of incorporation and the shareholder is entitled to vote on the merger, unless the corporation: (i) is merging into a subsidiary corporation pursuant to Code Section 14-2-1104; (ii) each shareholder of the corporation whose shares were outstanding immediately prior to the effective time of the merger shall receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; and (iii) the number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger, shall not exceed the total number and kind of shares of the corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104; (2) Consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares will be acquired, if the shareholder is entitled to vote on the plan; (3) Consummation of a sale or exchange of all or substantially all of the property of the corporation if a shareholder vote is required on the sale or exchange pursuant to Code Section 14-2-1202, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the shareholders within one year after the date of sale; (4) An amendment of the articles of incorporation with respect to a class or series of shares that reduces that materially and adversely affects rights in respect of a dissenters shares because it: (A) Alters or abolishes a preferential right of the shares; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the shares; (C) Alters or abolishes a preemptive right of the holder of the shares to acquire shares or other securities; (D) Excludes or limits the right of the shares to vote on any matter, or to cumulate votes, other than a limitation by dilution through issuance of shares or other securities with similar voting rights; (E) Reduces the number of shares of a class or series owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under

2810

JOURNAL OF THE HOUSE

Code Section 14-2-604; or (F) Cancels, redeems, or repurchases all or part of the shares of the class; or (5) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter, the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares. (b) A shareholder entitled to dissent and obtain payment for his or her shares under this article may not challenge the corporate action creating his or her entitlement unless the corporate action fails to comply with procedural requirements of this chapter or the articles of incorporation or bylaws of the corporation or the vote required to obtain approval of the corporate action was obtained by fraudulent and deceptive means, regardless of whether the shareholder has exercised dissenters rights. (c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless: (1) In the case of a plan of merger or share exchange, the holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares anything except shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise."
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

Y Mobley Y Moraitakis
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
Smith, V

Y Birdsong Y Black Y Boggs
Bordeaux Borders 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 Campbell Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 17, 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 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 Y Heckstall
Hembree Y Henson Y Hill, C

Y Hugley Y Jackson Y James Y Jamieson E Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Y Lunsford
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 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
Rynders Y Sailor
Scott Y Shaw Y Sheldon Y Sholar

2811
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 E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E 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, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Day of the 126th 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 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 193 Do Pass

2812 SB 223 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Holmes of the 48th, 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 932 HB 942 HB 943 HB 967

Do Pass Do Pass Do Pass Do Pass, as Amended

HB 982 Do Pass SB 322 Do Pass SB 372 Do Pass, by Substitute

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 97 Do Pass, by Substitute

Respectfully submitted, /s/ Sims of the 130th
Vice-Chairman

THURSDAY, APRIL 17, 2003

2813

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

HB 932. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Forsyth County Board of Registrations and Elections, so as to change the provisions relating to the compensation of the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 942. By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 943. By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:

2814

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 967. By Representatives Coan of the 67th, Post 1, Mills of the 67th, Post 2 and Reece of the 21st:
A BILL to provide a new charter for the City of Buford; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend HB 967 by striking line 18 of page 13 and inserting in lieu thereof the following:
"the Constitution and laws of the State of Georgia and of the United States of America, so help me God.'"

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 982. By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3, Hines of the 35th and others:

THURSDAY, APRIL 17, 2003

2815

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 clerk of the probate court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 322. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 372. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to

2816

JOURNAL OF THE HOUSE
provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), is amended by striking Section 1 and inserting in lieu thereof a new section to read as follows:
"SECTION 1. The Board of Education of McIntosh County shall be composed of five members to be elected from education districts. It is the intention of this Act that the physical boundaries and numerical designations of four of the five education districts shall become the same as the four districts for the election of members of the Board of Commissioners of McIntosh County set forth in the description attached to an Act approved May 1, 2002 (Ga. L. 2002, p. 5207) and that the members of the board shall continue to have staggered terms. The fifth education district, formerly designated as district 1, shall be composed of the entire county, and its designation shall be changed to district 5 as provided in Section 3 of this Act."
SECTION 2. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof the following:
"(a)(1) The members in office on the effective date of this Act and any person

THURSDAY, APRIL 17, 2003

2817

selected to fill a vacancy in any such office shall complete their terms of office. The terms for members representing former districts 1, 3, and 5 shall expire on January 1, 2005. For the purpose of electing successors to such members in 2004, the district formerly designated as district 1 shall be redesignated as district 5 and shall continue to be composed of the entire county. For such purposes, the district formerly designated as district 3 shall be redesignated as district 2 and the boundaries of such district shall be the same as the boundaries set forth for district 2 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). For such purposes, the district formerly designated as district 5 shall be redesignated as district 4 and the boundaries of such district shall be the same as the boundaries set forth for district 4 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). On and after January 1, 2005, the new designations and boundaries for such districts shall continue. Successors to members representing newly designated districts 2, 4, and 5 shall be elected in 2010 and shall take office on January 1, 2011, for terms of four years. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (2) Beginning January 1, 2005, the district formerly designated as district 2 shall be redesignated as district 1, and the boundaries of such district shall be the same as the boundaries set forth for district 1 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). The member elected to represent the district formerly designated as district 2 shall be deemed to represent such district. (3) Beginning January 1, 2005, the district formerly designated as district 4 shall be redesignated as district 3, and the boundaries of such district shall be the same as the boundaries set forth for district 3 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). The member elected to represent the district formerly designated as district 4 shall be deemed to represent such district. (4) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district 1, such district shall have the same boundaries as those set forth for district 1 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). Such designation and boundaries shall continue on and after January 1, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (5) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district 3, such district shall have the same boundaries as those set forth for district 3 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). Such designation and boundaries shall continue on and after January 1, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (6) Each member shall serve for a term of four years and until his or her successor is elected and qualified."
SECTION 3. The Board of Education of McIntosh County shall through its legal counsel cause this

2818

JOURNAL OF THE HOUSE

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 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of McIntosh County in 2004 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2005.
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 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 44. By Representative Channell of the 77th:

THURSDAY, APRIL 17, 2003

2819

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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
HB 445. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:

2820

JOURNAL OF THE HOUSE

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.
HB 446. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Willard of the 40th, Sinkfield of the 50th, Thomas of the 43rd, Post 1 and others:
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.
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.
HB 584. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
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.
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.
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 countywide 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

THURSDAY, APRIL 17, 2003

2821

court; and for other purposes.
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.
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.
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.
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.
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.
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.
HB 734. By Representative Douglas of the 73rd:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.

2822

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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, APRIL 17, 2003

2823

previously held in conformity with the provisions of this Act; and for other purposes.
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.
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.
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.
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.
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.
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.
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.
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:

2824

JOURNAL OF THE HOUSE

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.
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.
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.
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.
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.
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 Banks County; and for other purposes.
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 respect to reapportionment of districts for the election of members of the board of education; and for other purposes.

THURSDAY, APRIL 17, 2003

2825

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.
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.
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.
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.
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.
HB 915. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.
HB 920. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," so as to change the description of the education

2826

JOURNAL OF THE HOUSE

districts; and for other purposes.
HB 921. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.
HB 922. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.
HB 924. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Stewart County shall be nonpartisan elections; and for other purposes.
HB 925. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Early County shall be nonpartisan elections; and for other purposes.
HB 926. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.
HB 927. 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 BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.
HB 936. By Representative Lane of the 101st:
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.
HB 938. By Representatives Smith of the 76th and Douglas of the 73rd:

THURSDAY, APRIL 17, 2003

2827

A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.
HB 944. By Representatives DeLoach of the 127th, Keen of the 146th, Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and others:
A BILL to create the Liberty County Public Facilities Authority and to provide for the appointment of members of the Authority; and for other purposes.
HB 958. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee County to reimburse the county for the cost of collecting school taxes; and for other purposes.
HB 959. By Representative Hanner of the 133rd:
A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 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 Senate substitute was read:

2828

JOURNAL OF THE HOUSE

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 provide that local government graffiti removal programs shall not charge certain fees; 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 regarding inmate accounts; 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, 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

THURSDAY, APRIL 17, 2003

2829

(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. (a) 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. (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."
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; (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 (a) and subsection (b) of Code Section 42-5-55, relating to payments for certain damages and medical costs from inmate

2830

JOURNAL OF THE HOUSE

accounts, and inserting in lieu thereof the following: "(a) As used in this Code section, the term: (1) 'Detention facility' means a state, or county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physicians extender, including a physicians assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of: (A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate.
SECTION 4. 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

THURSDAY, APRIL 17, 2003
buildings, and any other public works by use of penal labor." SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

2831

The following amendment was read and ruled not germane:

Representative Teper of the 42nd, Post 1 moves to amend the Senate substitute to HB 144 by striking line 11 of page 1 and inserting in lieu thereof the following:
"services; to authorize use of inmates as voluntary labor for privately owned profitmaking employers producing goods and services for sale to public and private purchasers; to provide for legislative findings, appropriate conditions and limitations, and rules and regulations; to provide for federal certification and operation by the Department of Corrections of a program of voluntary inmate labor for private employers producing goods and services for sale to public and private purchasers; to provide for determinations by the Georgia Department of Labor as to whether inmates would be displacing other workers and whether labor shortages exist; to provide for related matters; to repeal conflicting laws; and for other purposes."
By striking lines 16 and 17 of page 3 and inserting in lieu thereof the following:
"(3) Community service work programs; or (4) Work-release programs; or (5) Work programs authorized by Article 6 of Chapter 5 of this title.'"
By inserting between lines 31 and 32 of page 4 the following:
"SECTION 5. Said title is further amended in Chapter 5 by inserting a new article to be designated Article 6 to read as follows:
'ARTICLE 6
42-5-120. The General Assembly finds and declares that:
(1) Under the appropriate conditions and limitations, voluntary labor by inmates of state and county correctional institutions for privately owned profit-making employers producing goods or services for sale to public or private purchasers provides substantial public benefits by generating taxes from inmate income; lowering the cost of incarceration by enabling participating inmates to pay room and board; providing

2832

JOURNAL OF THE HOUSE

participating inmates income to pay fines, restitution, and family support; providing job experience and skills to participating inmates; allowing participating inmates to accumulate savings available for their use when released from the correctional institution; and lowering recidivism rates; (2) Appropriate conditions and limitations for voluntary labor by inmates for privately owned profit-making employers producing goods and services for sale to public and private purchasers include but are not limited to: selection of participating inmates with careful attention to security issues; appropriate supervision of inmates during travel or employment outside the correctional institution; assurances that inmates are not displacing other workers and are employed only in the event of genuine labor shortages; consultations with local private employers that may be economically impacted; consultations with local labor unions and other local employee groups, especially those who have an interest in the trade or skill to be performed by the inmates; payment of inmates at the local prevailing wage for such work; and provision of benefits to participating inmates comparable to benefits provided for noninmate workers; and (3) Requirements for the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations as now or hereafter amended are sufficient to ensure appropriate conditions and limitations in many areas of concern for programs of voluntary labor by inmates for privately owned profitmaking employers producing goods and services for sale to public and private purchasers.
42-5-121. The board is authorized to issue and promulgate rules and regulations for a program of voluntary labor by inmates for privately owned profit-making employers producing goods and services for sale to public and private purchasers. Such rules and regulations shall be designed to meet the published requirements of the Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations as now or hereafter amended and to provide other appropriate conditions and limitations including but not limited to those set out in Code Section 42-5-120. Such rules and regulations shall set out procedures for reimbursement of the state by employers or inmate employees for administrative and other costs of the program in compliance with Prison Industry Enhancement Certification Program requirements.
42-5-122. The department shall seek certification under the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations as now or hereafter amended for a program of voluntary labor by inmates for privately owned profit-making employers producing goods and services for sale to public and private purchasers. After receiving certification, the department is authorized to operate one or more such programs.

THURSDAY, APRIL 17, 2003

2833

42-5-123. Following the issuance and promulgation of rules and regulations, the department is authorized to publicize the program and invite employers to participate. The department shall rely upon the Georgia Department of Labor for determining whether inmates would be displacing other workers and whether labor shortages exist, and the Georgia Department of Labor is authorized to provide such determinations to the department.'"
By renumbering Section 5 as Section 6.

Representative Marin of the 66th moved that the House agree to the Senate substitute to HB 144.

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 Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D N Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell N 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 N Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y 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 Y Heckstall Y Hembree Y Henson Y Hill, C

Y 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 Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton 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
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
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
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 E White
Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

2834

JOURNAL OF THE HOUSE

On the motion, the ayes were 152, nays 5. The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, so as to clarify provisions relating to 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, is amended by striking in its entirety Code Section 47-24-82, relating to exceptions to the grant of creditable service, and inserting in lieu thereof the following:
"47-24-82. (a) Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces, including without limitation service in the active guard status, shall be used as creditable service under this pension fund. (b) Except as provided in subsection (a) of this Code section, no No provision in this chapter shall be construed as to affect or preclude any benefits to which a member may be entitled under any federal or private retirement or pension plan or any retirement or pension fund governed by this title."

THURSDAY, APRIL 17, 2003

2835

SECTION 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 47-24-100, relating to eligibility for retirement under such retirement fund, effective date, and application, and inserting in lieu thereof the following:
"(3) Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; provided, however, for purposes of this paragraph, activation of a Georgia National Guard member into any of the regular components of the armed forces shall not constitute a break in service; and"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Purcell of the 122nd moved that the House agree to the Senate substitute to HB 461.

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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
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
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y 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 E Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
Heard, J Y Heard, K Y Heath

Y 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 E Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham
Manning Y Marin Y Martin E 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
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 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 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 E White Y Wilkinson
Willard Y Williams, A Y Williams, E

2836
Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree Y Henson Y Hill, C

Y McClinton Millar
Y Mills Y Mitchell

Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Williams, R Y Wix Y Yates
Coleman, Speaker

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 Senate substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to 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

THURSDAY, APRIL 17, 2003

2837

businesses, is amended by striking Chapter 50, relating to veterinarians and veterinary technicians, and inserting in lieu thereof the following:
"CHAPTER 50 ARTICLE 1
43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act.'
43-50-2. This chapter is enacted as an exercise of the powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine 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 or its substantial equivalent' 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

2838

JOURNAL OF THE HOUSE

the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (3)(9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (4)(10) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (5)(11) To 'practice veterinary medicine' 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, manual or mechanical adjustment procedures, 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, homeopathy, or botanical medicine;
(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

THURSDAY, APRIL 17, 2003

2839

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; (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 has recently seen and 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

2840

JOURNAL OF THE HOUSE

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 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

THURSDAY, APRIL 17, 2003

2841

shall be established by the board. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (g) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman 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

2842

JOURNAL OF THE HOUSE

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 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 its substantial equivalent; 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

THURSDAY, APRIL 17, 2003

2843

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 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

2844

JOURNAL OF THE HOUSE

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. (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

THURSDAY, APRIL 17, 2003

2845

finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice veterinary medicine or 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

2846

JOURNAL OF THE HOUSE

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 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

THURSDAY, APRIL 17, 2003

2847

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 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

2848

JOURNAL OF THE HOUSE

Code section, the board may make a finding adverse to the licensee, registrant, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or registrant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license or registration which has been revoked or issue a license or registration which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter.
(h)(1) The division director is authorized to make, or cause to be made through employees or 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

THURSDAY, APRIL 17, 2003

2849

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 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.

2850

JOURNAL OF THE HOUSE

(a) The board may issue a temporary license to the following applicants who are qualified to take the veterinary license examination:
(1) An applicant licensed in another state. Such license shall have the same force and effect as a permanent license until the time of its expiration; and (2) An applicant who is not the holder of any veterinary license. Such license shall authorize the applicant to work under the supervision of a licensed veterinarian as provided by the board. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination provided for in Code Section 43-50-24 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 either in research activities within such institution or 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.

THURSDAY, APRIL 17, 2003

2851

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 from performing his or her duties relating to animals owned by or on loan to such employer; (2) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian; (3) A person advising with respect to, or performing acts which the board by rule has prescribed as, accepted livestock management practices A person, compensated or otherwise, from performing acceptable livestock management practices, which practices shall include, but not be limited to, castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming or shoeing, docking, ear notching, removing needle teeth, testing for pregnancy, implantation of over-the-counter growth implants, implantation of over-the-counter identification devices, artificial insemination, the use of federally approved over-thecounter products, branding, collecting of fluids for genetic identification and classification, semen collection and storage, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) A person assisting with 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

2852

JOURNAL OF THE HOUSE

to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines; (6)(7)(A) The owner of an animal and or the owners full-time regular employee 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; or
(B) The owners friend or relative caring for or treating the animal belonging to such owner, provided that no fee is charged and the friend or relative does not solicit, advertise, or regularly engage in providing such care or treatment or administer or dispense prescription drugs without a valid prescription; (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 its substantial equivalent performing duties or actions under the direct supervision of a licensed veterinarian; (15) The owner of an animal, the owners employee, or a member of a nationally recognized organization that acknowledges individuals performing embryo transfer or artificial breeding and which organization is approved by the board from: (A) 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 that the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; or (B) The testing and evaluation of semen; (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

THURSDAY, APRIL 17, 2003

2853

veterinarian with a valid veterinary-client-patient relationship; (17) A person performing soft tissue animal massage or other forms of soft tissue animal manipulation; (18) A person performing aquaculture or raniculture management practices; (19) A person implanting electronic identification devices in small companion animals; or (20) An employee or contractual partner of 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 from performing his or her duties that are approved by a licensed veterinarian and relate to animals owned by or on loan to such zoological park or aquarium.
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 misdemeanor 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 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.

2854

JOURNAL OF THE HOUSE

43-50-51. As used in this article, the term:
(1) 'Direct supervision' means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. (2) 'Registered animal technician' means any person approved to work as a registered animal technician by the State Board of Veterinary Medicine under the former laws regulating animal health technicians in the State of Georgia. (3) 'Veterinary technician' means an individual who has received a degree in animal technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian to perform the following duties:
(A) Obtain and record information about animal patients; (B) Prepare animal patients, instruments, equipment, and medication for surgery; (C) Collect specimens and perform laboratory procedures; (D) Apply wound dressings; or (E) Assist a licensed veterinarian in diagnostic, medical, and surgical procedures. Reserved.
43-50-52. (a)(1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician and shall pass such examinations as the board requires. All such applications shall be made on forms provided by the board and shall be accompanied by a fee to be provided for 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

THURSDAY, APRIL 17, 2003

2855

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 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.

2856

JOURNAL OF THE HOUSE

(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. (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

THURSDAY, APRIL 17, 2003

2857

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)(1) No licensed veterinarian shall have more than two four registered veterinary technicians in his employment on duty under his or her supervision at any one time. (2) No licensed veterinarian shall practice veterinary medicine at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in the practice of veterinary medicine at such veterinary facility by a ratio of more than 2:1. (3) The provisions of paragraphs (1) and (2) of this subsection shall not apply to any licensed veterinarian engaged in a specialty practice if he or she is certified for such specialty practice by a college approved for such purpose by the American Veterinary Medical Association or its successor organization; provided, however, that no such licensed veterinarian shall engage in such specialty practice at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in a specialty practice of veterinary medicine at such veterinary facility by a ratio of more than 5:1.
43-50-56. A veterinarian who applies for or utilizes a registered veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a registered veterinary technician. 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.
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

2858

JOURNAL OF THE HOUSE

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 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

THURSDAY, APRIL 17, 2003

2859

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 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

2860

JOURNAL OF THE HOUSE

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.

Representative Purcell of the 122nd moved that the House agree to the Senate substitute to HB 347.

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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
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
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 N Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

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
Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane E Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin E 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
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 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 E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland E White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 157, nays 6.

THURSDAY, APRIL 17, 2003 The motion prevailed.

2861

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 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 Senate amendment was read:

The Senate moves to amend HB 314 by striking line 31 of page 3 and inserting in lieu thereof the following:
"appropriation for any purpose; provided, however, that this subsection shall be automatically repealed on July 1, 2004.'"

Representative Mosley of the 129th, Post 1 moved that the House agree to the Senate amendment to HB 314.

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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks

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

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

Y Mobley Y Moraitakis Y Morris N 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 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

2862
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 N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd N Forster N Franklin N Gardner Y Golick Y Graves, D Y 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 N Henson N Hill, C

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

Y Powell Y Purcell Y Ralston Y 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 Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 137, nays 28. The motion prevailed.

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

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 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 following Senate substitute was read:

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; to provide for additional filing requirements; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 17, 2003

2863

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:
"(a) Every employer whose tax withheld or required to be withheld is $200.00 $1,000.00 or less per month is required to file and remit payment to the department on or before the last day of the month following the end of the quarter.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, every Every employer whose tax withheld or required to be withheld exceeds $200.00 $1,000.00 per month is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $1,000.00 per month and who is required to file and remit payments to the Internal Revenue Service on a semiweekly basis shall be required to file and remit payments to the department on a semiweekly basis."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House disagree to the Senate substitute to HB 544.
The motion prevailed.

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.

2864

JOURNAL OF THE HOUSE

The following Senate amendment was read:

The Senate moves to amend HB 236 by inserting after the first semicolon on line 4 of page 1 the following:
"to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to clarify definitions relating to insurance fraud;".
By inserting between lines 8 and 9 of page 3 the following:
"SECTION 1.1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new paragraph (4.1) to Code Section 331-2, relating to definitions, to read as follows:
'(4.1) "Natural person" means an individual human being and does not include any firm, partnership, association, corporation, or trust.'
SECTION 1.2. Said chapter is further amended by striking subsection (c) of Code Section 33-1-9, relating to insurance fraud, venue, and penalties, and inserting in lieu thereof the following:
'(c) A natural person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.'"

Representative Golick of the 34th, Post 3 moved that the House agree to the Senate amendment to HB 236.

On the motion, 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
Bordeaux Borders Y Bridges

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

Mobley Moraitakis 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 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 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 N 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, APRIL 17, 2003

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 Y 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 Y Lucas Y 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 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

On the motion, the ayes were 151, nays 7. The motion prevailed.

2865
Stokes Y Stoner N Teilhet Y Teper
Thomas, A N Thomas, A.M Y Thompson Y Twiggs E Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland E White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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 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.

2866

JOURNAL OF THE HOUSE

The following Senate substitute was read:

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 create the Georgia Indigent Defense Board; to provide for membership; to provide that on December 31, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to provide that on such date the Georgia Indigent Defense Council shall cease to exist; to change certain provisions relative to the distribution of funds to counties; to provide for rules and standards; to enact the "Georgia Indigent Defense Act of 2003"; to provide a short title; to provide a statement of purpose; to provide a statement of policy; to make certain findings; to define certain terms; to provide for responsibilities of the Georgia Indigent Defense Board; to provide for budget authority; to provide for the duties and responsibilities of the director of indigent defense; to provide for the appointment of a circuit public defender; to provide for the responsibilities of the circuit public defender; to provide for conflicts of interest; to provide for the scope of representation; to provide for the duties of the custodian of indigent detainees; to provide for an allocation of funding responsibilities; to provide for certain prohibitions and qualifications; to provide for the mental health advocacy division; to provide for its status; to provide for duties and responsibilities; to provide for a budget; to provide for the appointment of a mental health advocate; to provide for a staff; to provide for representation; to provide for the office of the multicounty capital defender; to define certain terms; to provide for a multicounty capital defender; to provide for responsibilities; to provide for a budget; to provide for appointment; to provide for the employment of a staff; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change references to the Georgia Indigent Defense Council; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain internal 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 a notice of right to representation; to provide for representation in municipal court; to provide for the provision of counsel; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, is amended by inserting immediately

THURSDAY, APRIL 17, 2003

2867

following Code Section 17-12-31 a new Code section to read as follows: "17-12-31.1. (a) There is created the Georgia Indigent Defense Board, which shall be an independent agency within the judicial branch of state government. The board shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this article. (b) The board shall consist of 15 members. The Governor shall appoint ten members, one from each of the states ten judicial districts. Of those ten appointed, seven shall be members in good standing of the State Bar of Georgia and shall include at least one superior court judge and one judge of a court other than a superior court. Three such appointments shall not be members of the State Bar of Georgia and shall include at least one county commissioner. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each appoint one member. The Supreme Court of Georgia shall appoint three members. 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, 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. Board members shall serve four-year terms with a limit of two consecutive full terms after any initial abbreviated or unexpired term. The initial terms for board members representing odd-numbered judicial districts and the initial term for the appointee of the Senate Committee on Assignments shall be for two years, while all other initial appointees shall serve fouryear terms. (c) All board members shall serve independently of the appointing authority and shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this article. (d) All members of the board shall be entitled to vote on any matter coming before the board unless otherwise provided by law or by rules adopted by the board concerning conflicts of interest. (e) Each member of the board shall serve until a successor has been appointed. Vacancies shall be filled by appointment by the original appointing authority for any unexpired term. Removal of board members shall be in accordance with policies and procedures adopted by the board. (f) Unless otherwise provided in this article, a quorum shall be a majority of the members of the board who are then in office, and decisions of the board shall be by majority vote of the members present, except that a majority of the entire board must approve the appointment or removal of the director and the use of an alternative system of providing indigent defense representation in judicial circuits. (g) The board shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties.

2868

JOURNAL OF THE HOUSE

(h) The board shall elect a chairperson and such officers from the members of the board 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 board and for cause by a majority vote of the entire board. The chairperson shall retain a vote on all matters except the removal of the chairperson for cause. The board shall keep and maintain minutes of all board meetings. (i) The members of the board 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 board. Any expenses incurred by the board shall be paid from the general operating budget of the board. (j) On December 31, 2003, the board shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the board. Such powers shall include, without limitation, making grants and distributions to the counties. On such date, the employees, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the board, and the board shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. (k) The board shall have the authority to prepare rules and standards in anticipation of legislation enacting the 'Georgia Indigent Defense Act of 2003'; provided, however, that such rules and standards shall not become effective until the effective date of such legislation. (l) Employees of the Georgia Indigent Defense Council who are in good standing as of December 31, 2003, shall become employed in a similar capacity by the board without a break in service. (m) The board shall appoint a director of indigent defense. To be eligible for appointment, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the board deems appropriate. The director shall serve at the pleasure of the board and may be removed by a majority vote of the entire board. The board shall establish the directors salary."
SECTION 1-2. Said article is further amended by inserting at the end of Code Section 17-12-32, relating to the establishment of the Georgia Indigent Defense Council, composition, qualifications, appointment, and terms of office of members, vacancies, meetings, officers, compensation, legal status, and powers, a new subsection to read as follows:
"(g) Any other provision of this article to the contrary notwithstanding, the council shall cease to exist on December 31, 2003, and all powers, duties, obligations, and assets of the council shall be transferred to the Georgia Indigent Defense Board created by Code Section 17-12-31.1, and all references in this Code to the council shall be

THURSDAY, APRIL 17, 2003

2869

deemed to be references to the Georgia Indigent Defense Board."
SECTION 1-3. Said article is further amended by striking in its entirety subsection (b) of Code Section 17-12-36, relating to the Georgia Indigent Defense Council, preparation of an annual budget, solicitation of public and private funds, and the manner of distribution of funds to participating counties, and inserting in lieu thereof the following:
"(b) At least 90 percent of all state appropriated funds shall be distributed by the council to participating counties on an equitable basis, based on judicial administrative district and judicial circuit population, indigent criminal caseloads, and previous year expenditures for the provision of defense services at the local level."
PART II. SECTION 2-1.
Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, is amended by striking in its entirety Article 1, relating to local indigent defense programs generally, and Article 2, relating to state funded local indigent defense programs, and inserting in lieu thereof the following:
"ARTICLE 1 Part 1
17-12-1. (a) This article shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The purpose of this article 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 Indigent Defense Board. (c) The General Assembly declares that the Georgia Indigent Defense Board 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:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender and conflict defender offices and any approved alternative delivery systems for the purpose of providing legal representation to indigent persons who are entitled to representation under this article. (2) 'Board' means the Georgia Indigent Defense Board.

2870

JOURNAL OF THE HOUSE

(3) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (4) 'Circuit public defender office' means the office of any of the several circuit public defenders. (5) 'Conflict defender office' means an office established in one or more judicial circuits by the board for the purpose of providing legal representation to indigent defendants in cases in which the circuit public defender office is prevented from such representation because of an ethical or legal conflict. (6) 'Director' means the director of indigent defense appointed by the board.
Part 2
17-12-20. There is created the Georgia Indigent Defense Board, which shall be an independent agency within the judicial branch of state government. The board shall be a continuation of the Georgia Indigent Defense Board as such exists on March 1, 2005. The board shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this article.
17-12-21. (a) The board shall consist of 15 members. The Governor shall appoint ten members, one from each of the states ten judicial districts. Of those ten appointed, seven shall be members in good standing of the State Bar of Georgia and shall include at least one superior court judge and one judge of a court other than a superior court. Three such appointments shall not be members of the State Bar of Georgia and shall include at least one county commissioner. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each appoint one member. The Supreme Court of Georgia shall appoint three members. 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, 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. Board members shall serve four-year terms with a limit of two consecutive full terms after any initial abbreviated or unexpired term. The initial terms for board members representing odd-numbered judicial districts and the initial term for the appointee of the Senate Committee on Assignments shall be for two years, while all other initial appointees shall serve fouryear terms. (b) All board members shall serve independently of the appointing authority and shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this article.

THURSDAY, APRIL 17, 2003

2871

(c) All members of the board shall be entitled to vote on any matter coming before the board unless otherwise provided by law or by rules adopted by the board concerning conflicts of interest. (d) Each member of the board shall serve until a successor has been appointed. Vacancies shall be filled by appointment by the original appointing authority for any unexpired term. Removal of board members shall be in accordance with policies and procedures adopted by the board. (e) Unless otherwise provided in this article, a quorum shall be a majority of the members of the board who are then in office, and decisions of the board shall be by majority vote of the members present, except that a majority of the entire board must approve the appointment or removal of the director and the use of an alternative system of providing indigent defense representation in judicial circuits. (f) The board shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (g) The board shall elect a chairperson and such officers from the members of the board 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 board and for cause by a majority vote of the entire board. The chairperson shall retain a vote on all matters except the removal of the chairperson for cause. The board shall keep and maintain minutes of all board meetings. (h) The members of the board 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 board. Any expenses incurred by the board shall be paid from the general operating budget of the board.
17-12-22. (a) The board shall approve the development and improvement of programs by which the office of the director provides legal representation to indigent persons and juveniles. (b) The board shall approve and implement such 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. Such 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;

2872

JOURNAL OF THE HOUSE

(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; and (9) Standards for compensation of attorneys appointed to represent indigent persons under this article. (c) The board shall permit a judicial circuit to implement an alternative delivery system to the one set forth in this article if the board reasonably determines that the alternative system meets or exceeds the standards promulgated by the board for the operation of indigent defense systems at no greater cost to the state. In the event an alternative system is approved, the board and the director shall review the operation of such system as deemed necessary and determine whether such system is eligible to continue operating as an approved alternative system. Initial and subsequent approvals of alternative systems shall be by a majority vote of the entire board. Circuits having alternative systems which are not approved by the board shall have the right to appeal to the Supreme Court of Georgia. Circuits having an approved alternative system shall be eligible to receive state funds in the same manner as the offices of the circuit public defender and to supplement such state funds with funds from any other source, including, without limitation, local funds. (d) The board shall be responsible for ensuring that all circuit public defenders, conflict defenders, and appointed lawyers comply with all applicable standards established under this article and shall have the authority to take any action the board deems appropriate to assure compliance with such standards. (e) The board shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia. (f) The board shall perform such other duties as may be required to carry out the purposes of this article. (g) The board shall have oversight responsibility for the office of the multicounty capital defender as provided in Article 2 of this chapter.
17-12-23. (a) The board shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article. The board 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 board shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys

THURSDAY, APRIL 17, 2003

2873

providing indigent defense representation under the authority of this article. (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 board. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the board and may not in any manner use funds appropriated to or otherwise designated for the board. (e) The board may enter into contracts, own property, and accept funds, grants, and gifts from any public or private source for the implementation of its purposes under this article.
Part 3
17-12-40. (a) The board shall appoint a director of indigent defense. To be eligible for appointment, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the board deems appropriate. The director shall serve at the pleasure of the board and may be removed by a majority vote of the entire board. The board shall establish the directors salary. (b) The director shall establish and maintain a circuit public defender office for each of the judicial circuits of the superior court, except for judicial circuits in which an approved alternative delivery system is in operation. Where the director deems it appropriate, a circuit public defender office may serve more than one judicial circuit. The circuit public defender office shall represent all indigent persons within the judicial circuit it serves who are entitled to representation under this article, with the exception of cases in which such office would have a conflict of interest in providing representation. The director may establish such additional circuit public defender offices as may be necessary to assure the uniform and effective assistance of counsel for indigent persons who are entitled to representation under this article.
(c)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this article. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; and assistance with appellate advocacy. (2) The director, with the consent of the board, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this article.

2874

JOURNAL OF THE HOUSE

(3) The director may hire such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this article. (d) The director shall: (1) Prepare and submit to the board a proposed budget for the board, an annual report containing pertinent data on the operations, costs, and needs of the board, and such other information as the board may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this article and comply with all applicable laws, standards, and regulations, and submit these to the board for approval; (3) Administer and coordinate the operations of the board and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the board; (4) Maintain proper records of all financial transactions related to the operation of the board; (5) At the directors discretion, solicit and accept on behalf of the board any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the board with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this article and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this article; (8) Attend all board meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the board are not greater than the amounts budgeted or available from other revenue sources; and (10) Perform other duties as the board may assign.
17-12-41. (a) The director shall appoint the circuit public defender for each of the circuit offices. Nominations for the position of circuit public defender shall be made as follows:
(1) The governing authority of each county comprising the circuit shall separately nominate up to three candidates; (2) The superior court judges of the circuit shall nominate up to three candidates; and (3) The circuit bar association shall nominate up to three candidates. The director shall consider, but not be limited to, such nominees; provided, however, that if the director appoints a person who is not one of the nominees, any nominating authority may petition the board to review the decision of the director. In that event, the board shall consider such information as any party presents to it and shall make a final determination as to the appointment. (b) To be eligible for appointment as circuit public defender, a candidate must be a member in good standing of the State Bar of Georgia with at least three years

THURSDAY, APRIL 17, 2003

2875

experience in the practice of law. The board may establish such additional qualifications as it deems appropriate. The board shall establish the salaries of the circuit public defenders. (c) The circuit public defender shall be appointed for a term of four years and may be removed during the term at the pleasure of the director with the consent of a majority of the entire board. Circuit public defenders may be reappointed to additional terms at the discretion of the director.
17-12-42. (a) The circuit public defender shall hire such additional assistant public defenders as may be required to assure the uniform and effective assistance of counsel to indigent persons entitled to representation under this article and substantial compliance with the maximum caseload guidelines approved by the board. The circuit public defender shall also hire or contract with such additional support staff, including attorneys, investigators, social workers, paraprofessionals, clerical assistants, secretaries, and other personnel, as the circuit public defender and director shall deem necessary to accomplish the purposes of this article. (b) The circuit public defender office shall make an initial determination of 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, according to the standards for indigence established by the board. (c) Subject to the standards adopted by the board and consistent with the policies and procedures established by the director, the circuit public defenders shall administer and coordinate the day-to-day operations of their respective circuit public defender offices and shall supervise the assistant public defenders and other staff serving in the circuit public defender office to which the circuit public defender is appointed. (d) The circuit public defender shall keep and maintain appropriate records and make periodic reports to the director. These records 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 director or the board.
17-12-43. (a) The board 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 shall be approved by the chief superior court judge in the circuit where the case is pending; 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

2876

JOURNAL OF THE HOUSE

for the representation of indigent defendants as are established by the board. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity.
17-12-44. (a) The circuit public defender office shall provide representation in the following actions and proceedings:
(1) Any case prosecuted 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; (3) Any case prosecuted in juvenile court 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 after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process.
17-12-45. The government authority having custody of a person at the time of arrest shall provide the person arrested with an effective means of immediately contacting the circuit public defender office to request representation.
17-12-46. The governing authority of each county shall provide, in conjunction and cooperation with the other counties in the judicial circuit, and in pro rata share, according to the indigent caseload of each such county, appropriate facilities, including office space, furniture, equipment, books, postage, supplies, utilities, telephone expenses, materials, and interviewing facilities, in the jail and courthouse as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender serving the judicial circuit in which such county is located. The provision of any such facilities, furniture, equipment, books, postage, supplies, utilities, telephone expenses, materials, and interviewing facilities shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.
17-12-47. The director and any attorney employed by the board or by any circuit public defender or conflict defender office operating under this article shall not engage in the private practice of law unless otherwise authorized by rules promulgated by the board. Notwithstanding any other restrictions as may be imposed in this article, attorneys with pending private legal matters at the time of appointment with any such office shall have

THURSDAY, APRIL 17, 2003

2877

a reasonable length of time to conclude or transfer such cases, consistent with the applicable standards of professional and ethical conduct. This subsection shall not apply to private attorneys who accept appointments on a case-by-case basis.
17-12-48. Nothing in this article shall be construed to limit the power of the court in which an action is brought to order the state to pay expenses for the legal representation of an indigent person in a criminal case as may be required by the Constitution or laws of the State of Georgia or of the United States in order to ensure the person is afforded the right to effective assistance of counsel and a fair trial.
Part 4
17-12-60. There is created the mental health advocacy division of the Georgia Indigent Defense Board 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 division shall serve all counties of this state.
17-12-61. The mental health advocacy division 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.
17-12-62. The Georgia Indigent Defense Board and the director of indigent defense shall be responsible for management of the division. 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 divisions staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this part; and (4) Preparing an annual budget for the division, administering the funds made available to the division, and overseeing the expenditure of such funds.
17-12-63. The board and the director shall prepare an annual budget showing all anticipated expenses of the division for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the mental health advocate.
17-12-64. The mental health advocate shall be appointed by and shall serve at the pleasure of the

2878

JOURNAL OF THE HOUSE

board. 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 board.
17-12-65. The mental health advocate shall employ, with the advice and consent of the board and the director and in the manner and at the compensation prescribed by the board, as many assistant attorneys, clerks, investigators, stenographers, and any other persons as may be necessary for carrying out the responsibilities assigned to the division by law. A person employed under this Code section serves at the pleasure of the mental health advocate and the director.
17-12-66. (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 this article, the court in which such charges are pending shall notify the mental health advocacy division of the board and the division 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 division allow; provided, however, that the public defender of any county or the court appointed 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 court or the court appointed attorney from requesting the participation of the division prior to a finding of not guilty by reason of insanity at the time of the crime. The court or the court appointed attorney may request that the division assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the mental health advocacy division 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."
SECTION 2-2. Said chapter is further amended by redesignating Code Sections 17-12-60 through 17-1262 as Code Sections 17-12-80 through 17-12-82, respectively.
SECTION 2-3. Said chapter is further amended by redesignating Code Sections 17-12-70 through 17-1272 as Code Sections 17-12-100 through 17-12-102, respectively.

THURSDAY, APRIL 17, 2003

2879

PART III SECTION 3-1.
Said chapter is further amended by striking Article 5, relating to the office of the multicounty public defender, and inserting in lieu thereof the following:
"ARTICLE 5
17-12-90 17-12-120. As used in this article, the term:
(1) 'Board' means the Georgia Indigent Defense Board. (1) 'Council' means the Georgia Indigent Defense Council created by Article 2 of this chapter. (2) 'Office' means the office of the multicounty public capital defender created by this article.
17-12-91 17-12-121. There is created the office of the multicounty public capital 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.
17-12-92 17-12-122. The office of the multicounty public capital 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.
17-12-93 17-12-123. The Georgia Indigent Defense Council and the councils director board shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointment of the multicounty public capital defender; (2) Establishing the salaries of the multicounty public capital defender and the offices staff; and (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.
17-12-94 17-12-124. The council and its director multicounty capital defender shall prepare and submit to the board 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

2880

JOURNAL OF THE HOUSE

budget may be submitted by the multicounty public capital defender. The board shall have final authority over the budget and shall have authority over the expenditure of such funds as are made available to the multicounty capital defender office. The budget of the multicounty capital defender office shall be separate and independent from that of the office of the director of indigent defense.
17-12-95 17-12-125. The multicounty public capital defender shall be appointed by and shall serve at the pleasure of the council and its director board. The multicounty public capital 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 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 defend a person charged with a capital felony.
17-12-96 17-12-126. (a) The multicounty public capital defender shall employ, with the advice and consent of the council and its director and in the manner board and at the compensation prescribed by the council board, as many assistant attorneys, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his or her responsibility under this article. A person employed under this Code section serves at the pleasure of the multicounty public defender and the councils director capital 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.
17-12-97 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 1 of this chapter, the court in which such charges are pending may notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow; provided, however, that the public defender of any county shall have the option to assume sole responsibility for the defense of any such person. (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, such defense shall be provided as otherwise provided by law. (c) 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

THURSDAY, APRIL 17, 2003

2881

habeas corpus in federal court."
SECTION 3-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is 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 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 Board within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 156-76 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 Board. (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 Board for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution

2882

JOURNAL OF THE HOUSE

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 Board 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. (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 Board."
SECTION 3-3. 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 Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 3-4. 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 Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."

THURSDAY, APRIL 17, 2003

2883

SECTION 3-5. 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 Georgia Indigent Defense Council Board in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Board shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 3-6. 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 Board for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. 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 Board 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. (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 Board."
SECTION 3-7. 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 of the Georgia Peace Officer Standards and Training Council, the

2884

JOURNAL OF THE HOUSE

chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman 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 indigent defense, the chairman 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 effective on July 1, 1989. The director of the Georgia Indigent Defense Council indigent defense shall be become a member effective on July 1, 1997 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 3-8. 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,

THURSDAY, APRIL 17, 2003

2885

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 Indigent Defense Board 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 Indigent Defense Board for representation of indigent persons in this state. (h) Any municipality or municipal court may contract with the Georgia Indigent Defense Board 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. The circuit public defender office or other approved indigent defense system for the judicial circuit in which the municipality is located shall have the obligation to provide such counsel for any case originating in municipal court that involves a charge of violation of state law and is bound over for prosecution to the state or superior court of the county in which the municipality is located."
PART IV SECTION 4-1.
Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II of this Act shall become effective on March 1, 2005. Part III of this Act will become effective on December 31, 2003.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 125th moved that the House disagree to the Senate substitute to HB 770.

Representative Westmoreland of the 86th moved that the House agree to the Senate substitute to HB 770.
On the motion, the roll call was ordered and the vote was as follows:

2886

JOURNAL OF THE HOUSE

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 N 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 N 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
Jones N Jordan Y Joyce Y Keen Y Knox N Lane E Lewis Y 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 N 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 N Powell N Purcell Y Ralston N Randall Y Ray N Reece, B Y Reece, S N Rice Y Richardson N Roberts, J
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 60, nays 112. The motion was lost. The House has disagreed.

N Sims N Sinkfield N Skipper Y 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 E Walker, L
Walker, R.L N Warren N Watson Y Westmoreland E White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Buck of the 112th assumed the chair.

HB 787. By Representative Royal of the 140th: A BILL to amend an Act providing a new charter for the City of Pelham, so

THURSDAY, APRIL 17, 2003

2887

as to change the municipal election dates and terms of municipal officers and members of the board of education; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3787), an Act approved March 30, 1989 (Ga. L. 1989, p. 4407), and an Act approved February 26, 1999 (Ga. L. 1999, p. 3513), so as to change the municipal election dates and terms of municipal officers and members of the board of education; to provide for numbered posts; to provide for submissions and 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 a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3787), an Act approved March 30, 1989 (Ga. L. 1989, p. 4407), and an Act approved February 26, 1999 (Ga. L. 1999, p. 3513), is amended by striking subsection (c) of Section 5.10 and inserting in its place a new subsection to read as follows:
"(c) Commencing with the election in 1987 and thereafter, the council shall be composed of seven members. Three councilmembers shall be elected from District 1 and four councilmembers shall be elected from District 2. After the municipal general election in 2003, councilmembers elected from District 1 shall be elected from numbered posts, Post 1, Post 2, and Post 3, and councilmembers elected from District 2 shall be elected from numbered posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district."
SECTION 2. Said Act is further amended by striking subsections (e) and (f) of Section 5.10 and inserting in their place the following:
"(e) The mayor and seven councilmembers in office on January 1, 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 2003, and upon the election and qualification of their respective successors.
(f)(1) Municipal general elections for the City of Pelham shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year.

2888

JOURNAL OF THE HOUSE

At the municipal general election in 2003, three councilmembers shall be elected from District 1, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, and the person receiving the third highest number of votes serving in Post 3. At the municipal general election in 2003, four councilmembers shall be elected from District 2, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, the person receiving the third highest number of votes serving in Post 3, and the person receiving the fourth highest number of votes serving in Post 4. Persons first elected to District 1, Post 1 and Post 2 and District 2, Post 1 and Post 2 shall take office the first day of January, 2004, and serve for initial terms of office of four years each and until their respective successors are elected and qualified. Persons first elected to District 1, Post 3 and District 2, Post 3 and Post 4 shall take office the first day of January, 2004, and serve for initial terms of office of two years each and until their respective successors are elected and qualified. (2) Successors to councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and, except as established under paragraph (1) of this subsection, shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from a council district after the municipal general election in 2003 shall designate the current district and post for which that person seeks election. (3) At the municipal general election in 2003 and every four years thereafter, the mayor of the City of Pelham shall be elected to take office the first day of January immediately following such election and to serve for a term of office of four years and until a successor is elected and qualified."
SECTION 3. Said Act is further amended by striking subsections (c), (e), and (f) of Section 6A.10 and inserting in their respective places the following:
"(c) Elections for members of the board shall be held at the time of the municipal general elections. After the election in 2003, members of the board elected from Education District 1 shall be elected from numbered posts, Post 1, Post 2, and Post 3 and members of the board elected from Education District 2 shall be elected from numbered Posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for members of the board of education from that district. All elections for members of the board shall be by plurality vote and shall be nonpartisan and without any primary." "(e) Members of the board in office January 1, 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 2003, and upon the election and qualification of their respective successors.
(f)(1) At the municipal general election in 2003, three members of the board shall be

THURSDAY, APRIL 17, 2003

2889

elected from Education District 1, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, and the person receiving the third highest number of votes serving in Post 3. At the municipal general election in 2003, four members of the board shall be elected from Education District 2, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, the person receiving the third highest number of votes serving in Post 3, and the person receiving the fourth highest number of votes serving in Post 4. Persons first elected to Education District 1, Post 1 and Post 2 and Education District 2, Post 1 and Post 2 shall take office the first day of January, 2004, and serve for initial terms of office of four years each and until their respective successors are elected and qualified. Persons first elected to Education District 1, Post 3 and Education District 2, Post 3 and Post 4 shall take office the first day of January, 2004, and serve for initial terms of office of two years each and until their respective successors are elected and qualified. (2) Successors to members of the board whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and, except as established under paragraph (1) of this subsection, shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from an education district after the municipal general election in 2003 shall designate the current education district and post for which that person seeks election."
SECTION 4. The governing authority of the City of Pelham 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 140th moved that the House agree to the Senate substitute to HB 787.
On the motion the ayes were 110, nays 0.

2890

JOURNAL OF THE HOUSE

The motion prevailed.

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 following Senate substitute was read:

A BILL
To create a board of elections and registration for Liberty County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for the specific repeal of an Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), 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. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Liberty County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of seven members, each of whom shall be an elector

THURSDAY, APRIL 17, 2003

2891

and resident of Liberty County. (b)(1) One member shall be appointed by the Liberty County executive committee of the political party whose candidate, at the last preceding general election, received the largest number of votes in this state for Governor. (2) One member shall be appointed by the Liberty County executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor. (3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees, then such members shall be appointed in accordance with the provisions of Section 3 of this Act. (4) Five members shall be appointed by the governing authority of Liberty County. (5) The governing authority of Liberty County shall select one of the members of the board to serve as chairperson.
(c) The first members of the board shall be appointed for initial terms of office beginning July 1, 2003, and ending December 31, 2006. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such initial terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office or appointment to public office.
SECTION 3. (a) The appointment of each member shall be made by the governing authoritys filing with the clerk of the Superior Court of Liberty County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that members position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If the governing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge of the Probate Court of Liberty County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy

2892

JOURNAL OF THE HOUSE

shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority and to the clerk of the Superior Court of Liberty County. Each member shall be subject to removal from the board by the governing authority of Liberty County at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2003, the board of elections of Liberty County and the board of registrars of Liberty County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of elections, the board of registrars, and the office of chief registrar of Liberty County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold

THURSDAY, APRIL 17, 2003

2893

regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10. (a) The board shall be responsible for the selection and appointment of an administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The elections supervisor shall serve at the pleasure of the board. The board shall act within 60 days of its members taking office under this Act to retain or appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. (b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
SECTION 11. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Liberty County shall have the right to approve the hiring of any such employee.
SECTION 12. With the consent of the governing authority of Liberty County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the elections supervisor shall be fixed by the board with the approval of the governing authority of Liberty County. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Liberty County shall provide the board and the elections

2894

JOURNAL OF THE HOUSE

supervisor with proper and adequate offices and equipment.
SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Liberty County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 17. An Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), as amended, shall stand repealed in its entirety on July 1, 2003.
SECTION 18. This Act shall become effective on July 1, 2003, except that, for purposes of making initial appointments to the board, it shall become effective upon May 1, 2003.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Representative DeLoach of the 127th moved that the House agree to the Senate substitute to HB 756.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The Speaker assumed the Chair.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, APRIL 17, 2003

THURSDAY, APRIL 17, 2003

2895

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 17, 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

The following Bill of the House, having previously been read, was again taken up for consideration:

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.

By unanimous consent, the Committee substitute, having been previously read and adopted, was withdrawn.

The following substitute, offered by Representative Richardson of the 26th et al., was read and adopted:

A BILL To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to

2896

JOURNAL OF THE HOUSE

cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to change the rate of such tax with respect to little cigars, other cigars, and cigarettes; to provide for an additional cigarette excise tax; 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 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:

THURSDAY, APRIL 17, 2003

2897

(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,; 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 41 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances;
(3)(A) Cigarettes: 12 33 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (B) In addition to the tax specified under subparagraph (A) of this paragraph, any

2898

JOURNAL OF THE HOUSE

cigarettes sold by a tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries), which manufacturer is not a participating manufacturer as that term is defined in Section II (jj) of the Master Settlement Agreement, and which manufacturer makes qualified escrow fund payments pursuant to paragraph (2) of Code Section 10-13-3, shall be subject to a further tax of 50 per pack of 20 cigarettes and a like rate, pro rata, for other size packages; and (4) Loose or smokeless tobacco: 10 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. (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) 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."

THURSDAY, APRIL 17, 2003

2899

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. 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

2900

JOURNAL OF THE HOUSE

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. (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

THURSDAY, APRIL 17, 2003

2901

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, 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."

2902

JOURNAL OF THE HOUSE

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 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

THURSDAY, APRIL 17, 2003

2903

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 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

2904

JOURNAL OF THE HOUSE

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 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."

THURSDAY, APRIL 17, 2003

2905

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, 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

2906

JOURNAL OF THE HOUSE

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 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,

THURSDAY, APRIL 17, 2003

2907

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. 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."

2908

JOURNAL OF THE HOUSE

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, 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."

THURSDAY, APRIL 17, 2003

2909

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 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

2910

JOURNAL OF THE HOUSE

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 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

THURSDAY, APRIL 17, 2003

2911

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."
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

2912

JOURNAL OF THE HOUSE

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."
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.

THURSDAY, APRIL 17, 2003
SECTION 27. laws and parts of laws in conflict with this Act are repealed.

2913

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

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

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

Y Mobley Y Moraitakis N Morris N 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 Y Parsons Y Porter N Powell Y 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. Y Royal N Rynders N Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y Sims N Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P Y Smith, T Y Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner N Teilhet N Teper Y Thomas, A Y Thomas, A.M N Thompson Y Twiggs E Walker, L N Walker, R.L Y Warren N Watson N Westmoreland E 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 90, nays 84. The Chair voted "aye".

2914

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 91, nays 84.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

Mr. Speaker:
The Senate has disagreed to the House substitute to 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.
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.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 258. By Senators Unterman of the 45th, Mullis of the 53rd, Hill of the 4th and Meyer von Bremen of the 12th:

THURSDAY, APRIL 17, 2003

2915

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.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
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 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.

2916

JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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:
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.
HB 939. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, McClinton of the 59th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
HB 43. By Representative Channell of the 77th:

THURSDAY, APRIL 17, 2003

2917

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.
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:
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 68. By Representative Campbell of the 39th:
A RESOLUTION proposing an amendment to the Constitution so as to

2918

JOURNAL OF THE HOUSE

provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; and for other purposes.
The Senate insists on its substitute to the following bills of the House:
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.
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 36-23-1of 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 Bills of the House was taken up for the purpose of considering the Senate substitutes thereto:

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 following Senate substitute was read:

A BILL

THURSDAY, APRIL 17, 2003

2919

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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Greene County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Greene County who is a senior citizen is granted an exemption on that persons homestead from all Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Greene County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Greene County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Greene County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable

2920

JOURNAL OF THE HOUSE

years beginning on or after January 1, 2004.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Greene County for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a new homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 77th moved that the House agree to the Senate substitute to HB 44.
On the motion the ayes were 110, nays 0.
The motion prevailed.

THURSDAY, APRIL 17, 2003

2921

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 following Senate substitute was read:

A BILL
To provide a homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Greene County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Greene County school district who is a senior citizen is granted an exemption on that persons homestead from all Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an affidavit with the tax commissioner of Greene County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide affidavit forms for this purpose.

2922

JOURNAL OF THE HOUSE

(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Greene County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Greene County school district ad valorem taxes for educational purposes. (f) The exemption granted by the Act shall apply to all taxable years beginning on or after January 1, 2004.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Greene County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a new homestead exemption from 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 over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

THURSDAY, APRIL 17, 2003

2923

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 77th moved that the House agree to the Senate substitute to HB 42.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 24 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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

2924

JOURNAL OF THE HOUSE

HR 566 Do Pass HR 700 Do Pass SB 88 Do Pass

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 248 Do Pass, by Substitute SB 249 Do Pass, by Substitute SB 346 Do Pass
Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 244 Do Pass, by Substitute SR 220 Do Pass

THURSDAY, APRIL 17, 2003
Respectfully submitted, /s/ McBee of the 74th
Chairman

2925

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 760 Do Pass SB 221 Do Pass, by Substitute

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

The following Resolutions of the House were read and adopted:

HR 813. By Representatives Mangham of the 62nd, Mitchell of the 61st, Post 3, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:
A RESOLUTION congratulating the owners of the Microtel Inn and Suites in Lithonia, Georgia, on the occasion of their groundbreaking ceremony; and for other purposes.

HR 816. By Representative Marin of the 66th:
A RESOLUTION recognizing Nuestra Belleza Latina; and for other purposes.

HR 817. By Representatives Jenkins of the 93rd, Coleman of the 118th, Brooks of the 47th, Smyre of the 111th and McBee of the 74th:

2926

JOURNAL OF THE HOUSE
A RESOLUTION recognizing the Georgia State Historical Marker Ceremony for the Hubbard Training School; and for other purposes.

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

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

THURSDAY, APRIL 17, 2003

2927

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.
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.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.

2928

JOURNAL OF THE HOUSE

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

THURSDAY, APRIL 17, 2003

2929

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.
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.
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.
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.
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.
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

2930

JOURNAL OF THE HOUSE

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

THURSDAY, APRIL 17, 2003

2931

bills of the House:
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.
HB 616. By Representative Parham of the 94th:
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.
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.
HB 414. By Representative Jenkins of the 93rd:
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.
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;

2932

JOURNAL OF THE HOUSE

to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 397. By Representative Maddox of the 59th, Post 2:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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:

THURSDAY, APRIL 17, 2003

2933

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

2934

JOURNAL OF THE HOUSE

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.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, April 22, 2003.

TUESDAY, APRIL 22, 2003 Representative Hall, Atlanta, Georgia
Tuesday, April 22, 2003

2935

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. Ron Dempsey, Pastor, Second Avenue Baptist Church, Rome Georgia.

The members pledged allegiance to the flag.

Representative Buckner of the 82nd, Vice-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.

2936

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 1006. By Representative Randall of the 107th:
A BILL to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for conditions under which no judgment shall be rendered in an appearance bond; to provide for no judgment or a reduced judgment resulting from a principal's failure to appear when notice to the surety has not been served within certain time limits; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1007. By Representative Randall of the 107th:
A BILL to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change certain provisions relating to sureties and bond forfeiture proceedings; to change provisions relating to surety fees; to change provisions relating to releasing a surety from liability; to change provisions relating to qualifications for professional bondsmen; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1008. By Representative Graves of the 106th:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician's assistants, and others, so as to provide for the licensing of surgical assistants; to provide for definitions; to provide for powers and responsibilities of the Composite State Board of Medical Examiners; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 1009. By Representatives Massey of the 24th, Rogers of the 15th, Shaw of the 143rd, Coan of the 67th, Post 1 and Rynders of the 137th:

TUESDAY, APRIL 22, 2003

2937

A BILL to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bidding on public works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the state or a governmental entity contracting for public works construction from requiring a contractor, subcontractor, or material supplier or handler to become a party to any labor agreement as a condition of bidding, negotiating regarding bids, being awarded a contract, or working on a public works project; and for other purposes.

Referred to the Committee on Judiciary.

HB 1010. By Representatives Franklin of the 17th, Rogers of the 15th and Hill of the 16th:
A BILL to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain prohibitions and requirements relating to the possession of a handgun or other concealed weapon, so as to provide that a deputy sheriff retired under certain retirement plans shall fall within such exemptions; and for other purposes.

4/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1010. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Franklin District 17

Referred to the Committee on Special Judiciary.

HB 1011. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Borders of the 142nd:

2938

JOURNAL OF THE HOUSE
A BILL to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; and for other purposes.

Referred to the Committee on Higher Education.

HB 1012. By Representatives Moraitakis of the 42nd, Post 4 and Orrock of the 51st:
A BILL to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions related to group or blanket accident and sickness insurance, so as to provide for group accident and sickness insurance policies to include coverage for diagnosis and treatment of infertility; to provide for a definition of "infertility;" to provide for certain exclusions from coverage; to prohibit insurers from imposing certain exclusions or limitations on coverage; and for other purposes.

Referred to the Committee on Insurance.

HB 1013. By Representatives Harrell of the 54th, Coleman of the 65th, Coleman of the 118th, Jamieson of the 22nd, Thomas of the 33rd, 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 provide for a daily break for certain students; to provide for legislative findings; to provide that such break shall be considered academic instruction to avoid lengthening the school day; and for other purposes.

Referred to the Committee on Education.

HB 1014. By Representatives Henson of the 55th, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Sailor of the 61st, Post 1, Dix of the 70th, Post 2 and others:
A BILL to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone

TUESDAY, APRIL 22, 2003

2939

Mountain area and one member must have a degree or background in botany; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 1015. By Representatives Buckner of the 82nd, Lunsford of the 85th, Post 2, Stokes of the 72nd, Snow of the 1st, Barnes of the 84th, Post 2 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 provide for requirements relating to priority of service at driver's license centers; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1016. By Representatives McCall of the 78th and Hudson of the 95th:
A BILL to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, so as to provide for actions of such assistants with regard to professional samples; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1017. By Representative Cummings of the 19th:
A BILL to provide a new charter for the City of Rockmart; and for other purposes.

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

HR 778. By Representatives Channell of the 77th, Parrish of the 102nd, Hill of the 147th, Keen of the 146th, Stephens of the 123rd and others:
A RESOLUTION commending Cumberland Island and the Greyfield Inn

2940

JOURNAL OF THE HOUSE
and urging the Georgia congressional delegation to take action to support access to the wilderness section of the island; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HR 779. By Representatives Thomas of the 43rd, Post 1, Jackson of the 124th, Post 1, Thomas of the 33rd, Post 2, Sinkfield of the 50th, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION urging the President and Congress of the United States of America to reaffirm our nation's commitment to respecting world history and cultural heritage by protecting and restoring the cultural and historical resources of ancient Mesopotamia, the cradle of civilization in the Fertile Crescent, known in the modern world as Iraq; and for other purposes.

Referred to the Committee on Arts & Humanities.

HR 780. By Representatives Harbin of the 80th, Dodson of the 84th, Post 1 and Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to allocate the total revenue from the state proceeds of the tobacco tax to fund indigent health care in hospitals, care provided to trauma patients in trauma hospitals, and public health education programs on tobacco cessation; and for other purposes.

Referred to the Committee on Appropriations.

HR 781. By Representatives Jackson of the 124th, Post 1, Heard of the 75th, Williams of the 128th, Mitchell of the 61st, Post 3 and Stephens of the 124th, Post 2:
A RESOLUTION creating the House Study Committee on Pari-mutuel Betting on Horse Racing; and for other purposes.

Referred to the Committee on Regulated Industries.

TUESDAY, APRIL 22, 2003

2941

HR 814. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Williams of the 128th, Keen of the 146th, Thompson of the 69th, Post 1 and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that a community improvement district may impose a sales and use tax conditioned upon approval by a majority of the qualified electors of the community improvement district; and for other purposes.

Referred to the Committee on Ways & Means.

HR 815. By Representatives Randall of the 107th, Greene-Johnson of the 60th, Post 3 and Buckner of the 82nd:
A RESOLUTION memorializing Congress to ensure mandatory funding for veterans' health care; and for other purposes.

Referred to the Committee on Defense & Veterans 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 1027. By Representative Brooks of the 47th:
A BILL to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers' Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 1029. By Representatives Channell of the 77th and 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 taxation on rooms, lodgings, and accommodations, so as to provide a certain definition; to provide for an

2942

JOURNAL OF THE HOUSE effective date and applicability; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 SB 197 SB 204 SB 224 SB 231

SB 290 SB 331 SB 353 SB 370 SB 371 SB 374 SB 381 SB 382 SB 383

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

SR 55 Do Pass SR 107 Do Pass

SR 234 Do Pass SR 308 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:

TUESDAY, APRIL 22, 2003

2943

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 988 Do Pass HB 996 Do Pass

HB 997 Do Pass HB 998 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, APRIL 22, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 23

Designate; Dean Bryant Intersection; Lumpkin County

DEBATE CALENDAR

SB 46 SB 86
SB 87
SB 96 SB 166 SB 167
SB 183
SB 192

Peace Officer/Prosecutor Training Fund; accounting of all deposits Local government; transfer of development rights; sending property; revise procedure Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement Health Insurance; covered benefits; off-label prescription drugs Insurance; individual deferred annuities; nonforfeiture rate Unemployment compensation; employer contribution rates; extend reduction Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations Adoptions; access to vital records; original birth certificates

2944

JOURNAL OF THE HOUSE

SB 200 SB 201
SB 247 SB 272

Children in protective services; conviction data relevant to adult contacts Child abuse records; DHR sharing information to Office of School Readiness Greenspace Trust Fund; taxpayer voluntary income tax contributions Telemarketing; solicitation to cellular telephone subscribers; no call list

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 998. By Representatives Royal of the 140th, Scott of the 138th, Rynders of the 137th and Houston of the 139th:
A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for 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 101, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 988. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.

TUESDAY, APRIL 22, 2003

2945

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 996. By Representative Parrish of the 102nd:
A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms 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 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 997. By Representatives Hembree of the 46th, Brooks of the 47th, Thomas of the 33rd, Post 2, Dooley of the 33rd, Post 3, Bruce of the 45th and others:
A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot; to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing 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 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative James of the 114th arose to a point of personal privilege and addressed the House.

2946

JOURNAL OF THE HOUSE

Representative Dollar of the 31st 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.

Representative Smith of the 110th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Jamieson of the 22nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 544 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jamieson of the 22nd, Heard of the 75th and Skipper of the 116th.

The following Bill and Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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:

TUESDAY, APRIL 22, 2003

2947

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.

Representative Greene of the 134th moved that the House insist on its position in substituting SR 120.
The motion prevailed.

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.

Representative DeLoach of the 127th moved that the House insist on its position in substituting SB 258.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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:

2948

JOURNAL OF THE HOUSE
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.

Representative Porter of the 119th moved that the House insist on its position in disagreeing to the Senate substitute to HB 770 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 Porter of the 119th, Bordeaux of the 125th and Benfield of the 56th, Post 1.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Senate substitute was read:

A BILL To amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,

TUESDAY, APRIL 22, 2003

2949

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, 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:
(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;

2950

JOURNAL OF THE HOUSE

(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 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.

TUESDAY, APRIL 22, 2003

2951

(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 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)(1) No class of civil litigants shall be certified or recognized by any court of the State of Georgia unless there shall have been compliance with the procedures for certification of the class set forth in this subsection. (2) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party, including, but not limited to, counterclaim, crossclaim, and third-party defendants to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Code Section 911-16, for any discovery in which the parties may wish to engage which is both

2952

JOURNAL OF THE HOUSE

allowed by Code Section 9-11-26 through Code Section 9-11-37 and germane to the issue of whether the requested class should or should not be certified. At this conference, the court may set a date for a hearing on the issue of class certification, but such hearing may not be set sooner than 90 days after the date on which the court issues its scheduling order pursuant to the conference unless a shorter time is agreed to by all parties. (3) Upon motion of any party, the court shall, except for good cause shown and even then only if the interests of justice require that it not do so, stay all discovery directed solely to the merits of the claims or defenses in the action until the court shall have made its decision regarding certification of the class. In considering such a motion, the court shall consider whether any prejudice to the plaintiff exists because of the filing by the defendant of a motion for summary judgment pursuant to Code Section 9-11-56 prior to the courts decision regarding class certification. (4) The court shall, on motion of any party, hold a full evidentiary hearing on class certification. The hearing shall be recorded, and all named parties to the action shall be given notice of the date, time, and place of the hearing by written notification given to the partys attorney, or if appearing pro se, to the party, no later than 60 days prior to the date set for the hearing. At the hearing, the parties shall be allowed to present, in the same manner as at trial, any admissible evidence in support of or in opposition to the certification of the class. (5) When deciding whether a requested class is to be certified, the court shall determine, by employing a rigorous analysis, if the party or parties requesting class certification have proved its or their entitlement to class certification under this Code section. The burden of coming forward with such proof shall at all times be on the party or parties seeking certification, and if such proof shall not have been adduced, the court shall not order certification of the class. In making this determination, the court shall analyze all factors required by this Code section for certification of a class and shall not order certification unless all such factors shall have been established. In announcing its determination, the court shall place in the record of the action a written order addressing all such factors and specifying the evidence, or lack of evidence, on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record and if the court shall be satisfied that such factor could be proven to have been established. (6) Nothing in this Code section shall affect, or be construed to affect, any provision of Code Section 9-11-12 or Code Section 9-11-56. (g) A courts order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed within 42 days of the order certifying or refusing to certify the class. The filing of such appeal, the failure to file an appeal, or the affirmance of the certification or denial order shall in no way affect the right of any party, after the entry of final judgment, to appeal the earlier certification of, or refusal to certify, the class. If

TUESDAY, APRIL 22, 2003

2953

the appeal is not the first appeal taken by the party, the subsequent appeal shall be based upon the record at the time of final judgment and shall be considered by the court only to the extent that either the facts or controlling law relevant to certification have changed from that which existed or controlled at the time of the earlier certification or refusal to certify. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects. Following adjudication on appeal or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Georgia, if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial court shall proceed with adjudication on the merits, except that the trial court shall at all times prior to entry of a final order retain jurisdiction to revisit the certification issues upon motion of a party and to order decertification of the class if during the litigation of the case it shall become evident to the court that the action is no longer reasonably maintainable as a class action pursuant to the factors enumerated in subsection (b) of this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House disagree to the Senate substitute to HB 792.
The motion prevailed.

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.

2954

JOURNAL OF THE HOUSE

The following Senate 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 change certain provisions relating to powers and duties of the Board of Natural Resources as to public water systems; to change certain provisions relating to powers and duties of the director as to public water systems generally; to provide for preparation, review, and submission of a proposed comprehensive state-wide water management plan; to provide for rules and regulations; to change certain provisions relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District; to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction of the Public Service Commission, so as to subject the rates of certain water suppliers to regulation by such commission; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override; to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority; 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

TUESDAY, APRIL 22, 2003

2955

necessary to perform its duties under subsection (o) of Code Section 12-5-31 and subsection (c) of Code Section 12-5-105;"
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; provided, however, that surface waters of the state or surface waters does not include waters of the Atlantic Ocean lying within or without or forming a part of the boundaries of the state; and provided, further, that surface waters of the state or surface waters does not include any pond for farm use which body of water is entirely confined or 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

2956

JOURNAL OF THE HOUSE

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 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; provided, however, that no permit shall be required for construction and filling of an impoundment for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. (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; provided, however, that no permit shall be required for continued use of an impoundment for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. 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

TUESDAY, APRIL 22, 2003

2957

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 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,

2958

JOURNAL OF THE HOUSE

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. (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;

TUESDAY, APRIL 22, 2003

2959

(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. (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

2960

JOURNAL OF THE HOUSE

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. (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

TUESDAY, APRIL 22, 2003

2961

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 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) Permits issued under this Code section shall not be transferable except as provided in subparagraph (b)(4)(A) of this Code section. (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

2962

JOURNAL OF THE HOUSE

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 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

TUESDAY, APRIL 22, 2003

2963

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 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; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (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

2964

JOURNAL OF THE HOUSE

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. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses. (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 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; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale; (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584; and (iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date. (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; 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; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale;

TUESDAY, APRIL 22, 2003

2965

(iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584; and (iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date. (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 intrabasin transfer that crosses more than three adjacent counties or any interbasin transfer that leaves the county of withdrawal is prohibited, except to satisfy critical needs or to provide surface water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (2)(C) Any person who receives in one county an intrabasin transfer of water which originated in a second county may transfer any and all of such water by means of pipes, conduits, ditches, or canals into a third county but no further, 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 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 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.

2966

JOURNAL OF THE HOUSE

(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:
(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

TUESDAY, APRIL 22, 2003

2967

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."
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

2968

JOURNAL OF THE HOUSE

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 (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.

TUESDAY, APRIL 22, 2003

2969

(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 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.

2970

JOURNAL OF THE HOUSE

(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) Permits issued under this part shall not be transferable except as provided in paragraph (1) of subsection (b) of Code Section 12-5-105. (i)(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; (i.1) Waters taken from the Atlantic Ocean for purposes of desalination; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584; and (iv) Transfers of ground water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia.' (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; 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

TUESDAY, APRIL 22, 2003

2971

canals; (i.1) Waters taken from the Atlantic Ocean for purposes of desalination; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; and (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584. (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 reasonable supply of ground water to such users and applicants; (B) Any intrabasin transfer that crosses more than three adjacent counties or any interbasin transfer that leaves the county of withdrawal is prohibited, except to satisfy critical needs; (C) Any person who receives in one county an intrabasin transfer of water which originated in a second county may transfer any or all of such water by means of pipes, conduits, ditches, or canals into a third county but no further, 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 ground water protection in the basin of origin; and (F) 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)(j)(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.

2972

JOURNAL OF THE HOUSE

(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 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

TUESDAY, APRIL 22, 2003

2973

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 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."

2974

JOURNAL OF THE HOUSE

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 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

TUESDAY, APRIL 22, 2003

2975

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. (c)(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; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation

2976

JOURNAL OF THE HOUSE

system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (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. (6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses. (c)(d) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."
PART IV SECTION 4-1.
Said chapter is further amended in subsection (a) of Code Section 12-5-174, relating to powers and duties of the Board of Natural Resources as to public water systems, by striking the period at the end of paragraph (4) and inserting "; and" in lieu thereof and adding a new paragraph (5) to read as follows:
"(5) Establish by rule or regulation such policies, requirements, or standards as are necessary and appropriate governing the installation and operation of watermeasuring devices on individual service connections."
SECTION 4-2. Said chapter is further amended in subsection (a) of Code Section 12-5-176, relating to powers and duties of the director as to public water systems generally, by striking "and" at the end of paragraph (11), striking the period at the end of paragraph (12) and inserting "; and" in lieu thereof, and adding a new paragraph (13) to read as follows:
"(13) To exercise general supervision over the installation and operation of water-

TUESDAY, APRIL 22, 2003

2977

measuring devices on individual service connections."
PART V SECTION 5-1.
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 5-2. 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.'
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.

2978

JOURNAL OF THE HOUSE

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 have a sound scientific foundation and 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; (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

TUESDAY, APRIL 22, 2003

2979

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 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

2980

JOURNAL OF THE HOUSE

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 5-2A. Said chapter is further amended by striking subsection (f) of Code Section 12-5-584, relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District, and inserting in lieu thereof the following:
"(f) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area unless such transfer shall be from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date.
SECTION 5-2B. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to

TUESDAY, APRIL 22, 2003

2981

jurisdiction of the Public Service Commission, is amended by adding after Code Section 46-2-23.1 a new Code section to read as follows:
"46-2-23.2. The rates of each water supplier, other than a supplier owned or operated by this state or by a political subdivision of this state or under contract with this state or such a political subdivision for such operation, shall be subject to regulation by the Public Service Commission if such supplier has 3,000 or more taps. In fixing the rates for such supplier, the commission may fix such rates on the ratio of the operating expenses to the operating revenues."
SECTION 5-3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, 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."
SECTION 5-4. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure of records is not required and disclosure of exempting authority, by inserting a new paragraph to read as follows:
"(10.1) Records of farm water use by individual farms as determined by watermeasuring devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided, however, that compilations of such records for an entire river basin or aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;"
PART VI SECTION 6-1. All laws and parts of laws in conflict with this Act are repealed.

Representative Hanner of the 133rd moved that the House disagree to the Senate substitute to HB 237.

Representative DeLoach of the 127th moved that the House agree to the Senate substitute to HB 237.
On the motion, the roll call was ordered and the vote was as follows:

2982

JOURNAL OF THE HOUSE

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

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

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

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

On the motion, the ayes were 62, nays 95. The motion was lost. The House has disagreed.

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

Representatives Cooper of the 30th 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.

Representative Stoner of the 34th, Post 1 stated that he had been called from the floor

TUESDAY, APRIL 22, 2003

2983

of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 Senate amendment was read:

The Senate moves to Amend HB 521 by striking lines 3 through 5 of page 1 and inserting in lieu thereof the following:
"provide information about meningococcal disease to enrolled students; to require vaccination against meningococcal disease or a signed waiver for certain students enrolled in postsecondary educational institutions; to provide that postsecondary educational institutions shall not be required to pay".
By striking lines 1 through 7 of page 2 and inserting in lieu thereof the following:
"(b) In addition to the information required to be provided pursuant to subsection (a) of this Code section, a postsecondary educational institution shall provide detailed information on the risks associated with meningococcal disease and the availability, effectiveness, and known contraindications of any required or recommended vaccine against meningococcal disease to each student, or to the students parent or guardian if the student is a minor, who has been accepted for admission. (c) An individual enrolled in a postsecondary educational institution who will be residing in on-campus housing shall provide documentation of vaccination against meningococcal disease or may, if the individual is 18 years of age or older, sign a waiver provided by the institution stating that he or she has received and reviewed the information provided as required by subsections (a) and (b) of this Code section and has chosen not to be vaccinated against meningococcal disease. If the individual is a minor, his or her parent or guardian may sign the waiver provided by the institution. (d) Nothing in this Code section shall be construed to require any postsecondary

2984

JOURNAL OF THE HOUSE

educational institution to provide or pay for vaccinations against meningococcal disease.'"

Representative Porter of the 119th moved that the House disagree to the Senate amendment to HB 521.
The motion prevailed.

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.

The following Senate amendment was read:

The Senate moves to amend HB 551 by striking "$150" and inserting in its place "$150" on line 6 of page 9.
By striking "agree" and inserting in its place "degree" on line 8 of page 12.

Representative O`Neal of the 117th moved that the House agree to the Senate amendment to HB 551.

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
Beasley-Teague Y Benfield Y Birdsong Y Black

E Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes

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

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

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

Y Boggs Y Bordeaux E 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, APRIL 22, 2003

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
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
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 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
Rice 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

On the motion, the ayes were 160, nays 0. The motion prevailed.

2985
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.

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 following Senate amendment was read:

2986

JOURNAL OF THE HOUSE

The Senate moves to amend HB 623 by striking lines 14 through 25 on page 1 and inserting in lieu thereof the following:
"(1) A special election shall be called by the election superintendent of Bartow County within 120 days after the vacancy occurs to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended; (2) If the vacancy occurs less than 180 days prior to the date of a scheduled primary or election, then such special election shall be held on the same date as such scheduled primary or election; and".

Representative Lewis of the 12th moved that the House agree to the Senate amendment to HB 623.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

SB 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.

The report of the Committee, which was favorable to the 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

E Day Y Dean Y Deloach

Y Hill, C.A Hill, V
Y Hines

Mobley Y Moraitakis Y Morris

Sims Y Sinkfield Y Skipper

TUESDAY, APRIL 22, 2003

Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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 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 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
Hembree Y Henson Y Hill, C

Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley E 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
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

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

2987
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
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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smyre of the 111th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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

2988

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read:

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 records and reports; to provide for adoption by a childs great-grandparent; to change provisions relating to the time for hearing a petition and forwarding copies of the petition and other documents; to provide for a copy of the investigating agents report to the petitioners attorney; to change the provisions relating to the powers and duties of the Department of Human Resources and child-placing agencies; to provide for disclosure of certain information and the practices, procedures, and requirements related thereto; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change provisions relating to birth certificates of adopted persons born in foreign countries; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit Office of Adoptions of the Department of Human Resources within 15 days of the filing of such

TUESDAY, APRIL 22, 2003

2989

order."
SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (j) of Code Section 19-8-5, relating to the surrender or termination of parental or guardians rights when the child is to be adopted by a third party, and inserting in lieu thereof the following:
"(j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail or statutory overnight delivery, return receipt requested, to the
State Adoption Unit Office of Adoptions Georgia Department of Human Resources
Atlanta, Georgia within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16."
SECTION 3. Said chapter is further amended in Code Section 19-8-7, relating to adoption of a child by relatives, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child."
SECTION 4. Said chapter is further amended by striking Code Section 19-8-14, relating to the time for hearing a petition and sending a copy of the petition to the Department of Human Resources, and inserting in lieu thereof the following:
"19-8-14. (a) It is the policy of this state that, in the best interest of the child, uncontested adoption petitions should be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by the provisions of Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders, or certificates required by this chapter within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing taking into account the circumstances of the petition

2990

JOURNAL OF THE HOUSE

and the best interest of the child. (b) Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept the petition as filed. (c) Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 45 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-810. (d) Notwithstanding the provisions of subsections (a) and (c) of this Code section, it shall be the petitioners responsibility to request that the court hear the petition on a date that allows sufficient time for fulfillment of notice requirements of Code Section 19-8-10 and Code Section 19-8-12, where applicable. (e) In the best interest of the child the court may hear the petition less than 45 days from the date of filing upon a showing by the petitioner that either no further notice is required or that any statutory requirement of notice to any person will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date. (f) The court in the childs best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, and reports or for other good cause shown. (g) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. (h) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the child-placing agency or other agent appointed by the court pursuant to the provisions of Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. (i) Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
SECTION 5. Said chapter is further amended in Code Section 19-8-16, relating to investigation by the child-placing agency or other agent, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to

TUESDAY, APRIL 22, 2003

2991

make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The department, childplacing agency, or other independent agent appointed by the court shall also provide the attorney for petitioner with a copy of the report to the court. If for any reason the childplacing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All Except as otherwise provided for birth certificates by subsection (h) of Code Section 31-10-14, all of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. This subsection shall not supersede or affect the availability of birth certificates pursuant to the procedure contained in subsection (h) of Code Section 31-10-14. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:

2992

JOURNAL OF THE HOUSE

Adoption Unit Office of Adoptions Department of Human Resources
Atlanta, Georgia"
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(d)(1) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the department or childplacing agency may, in its sole discretion, petition the Superior Court of Fulton County to obtain access to its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or to release releasing nonidentifying medical information contained in its records on such adopted persons. (2) Upon receipt by the Office of Adoptions of the department or by a child-placing agency of documented medical information relevant to an adoptee, the office or childplacing agency shall use reasonable efforts to contact the adoptive parents of the adoptee or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adoptee. The office or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adoptee."
SECTION 8. Said chapter is further amended by striking subsection (f) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Biological parent' means the biological mother or biological father who surrendered that persons rights or had such rights terminated by court order giving rise to the adoption of the child. (A)(B) 'Commissioner' means the commissioner of the Department of Human Resources human resources or that persons designee. (B)(C) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection. (C)(D) 'Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection. (D) 'Biological parent' means the biological mother or biological father who

TUESDAY, APRIL 22, 2003

2993

surrendered that persons rights or had such rights terminated by court order giving rise to the adoption of the child. (2) The department or a placement agency, upon the written request of an adopted person who has reached 21 18 years of age or upon the written request of an adoptive parent on behalf of that parents adopted child under 21 years of age, shall release to such adopted person or to the adoptive parent on the childs behalf nonidentifying information regarding such adopted persons biological parents and information regarding such adopted persons birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this subsection paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of the either biological parent. (3)(A) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such persons biological parent if:
(A)(i) The biological parent whose name is to be released has submitted unrevoked written permission to the department or the placement agency for the release of that parents name to the adopted person; (B)(ii) The identity of the biological parent submitting permission for the release of that parents name has been verified by the department or the placement agency; and (C)(iii) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released. (B) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adopted person and subject to the same procedures contained in this Code section. (4)(A) If a biological parent has not filed written unrevoked permission for the release of that parents name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, 'notify' means a personal and confidential contact with each biological parent named on the original birth certificate of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information: (i) The nature of the information requested by the adopted person; (ii) The date of the request of the adopted person;

2994

JOURNAL OF THE HOUSE

(iii) The right of each biological parent to file within 60 days of receipt of the notice an affidavit with the placement agency or the department stating that such parents identity should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department at any time; and (v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the original birth certificate or sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parents identity, such parents name shall be released to the adopted child person who has requested such information as authorized by this paragraph. (C) If, subsequent to being notified by the department or placement agency, a biological parent has not filed an unrevoked consent to the disclosure of that parents identity at any time within six months after the written request for such information is received by the department or placement agency or such parent has filed with the department or placement agency within 60 days after notice to such person of the request for such information an affidavit objecting to such release, whichever occurs later, that information regarding that biological parent will not be released. If, within 60 days of being notified by the department or the placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding that biological parent shall not be released. (D)(i) If six months after receipt of the adopted persons written request the director of a placement agency or the commissioner certifies that the placement agency or the department has either been unable to notify a biological parent identified in the original adoption record within six months after receipt of the adopted persons written request and if neither identified biological parent has at any time filed an unrevoked consent to disclosure with the placement agency or the department or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that persons biological parent parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph either without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person. (iii) If it is verified that the a biological parent of the adopted person is deceased and if there is no sibling of the adopted person who may be contacted, the

TUESDAY, APRIL 22, 2003

2995

department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such information without the necessity of obtaining a court order. (5)(A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting partys sibling, the department or the placement agency shall notify the sibling of the inquiry. Upon the written consent of the a sibling so notified, the department or the placement agency shall forward the requesting partys name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If the a sibling is deceased or cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased sibling, if known, to the requesting party without the necessity of obtaining a court order. (B)(i) If six months after receipt of the written request from an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the placement agency or the department has either been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph. (ii) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph either without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (C) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted person would be entitled to obtain such information pursuant to the procedures contained in this Code section.

2996

JOURNAL OF THE HOUSE

(6)(A) Upon written request of a biological parent of an adopted person who has reached 21 years of age, the department or a placement agency shall attempt to identify and notify the adopted person. Upon locating the adopted person, the department or the placement agency shall notify the adopted person of the inquiry. Upon the written consent of the adopted person so notified, the department or the placement agency shall forward the biological parents name and address to the adopted person and, upon further written consent of the adopted person, shall divulge to the requesting biological parent the present name and address of the adopted person. If the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted person, if known, to the requesting biological parent without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from a biological parent of an adopted person who has reached 21 years of age the placement agency or the department has either been unable to notify the adopted person or has been able to notify the adopted person but has not obtained a consent to disclosure from the notified adopted person, then the identity of the adopted person may only be disclosed as provided in division (ii) of this subparagraph. (ii) The biological parent of an adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted person from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted person pursuant to subparagraph (A) of this paragraph either without success or upon locating the adopted person has not obtained a consent to disclosure from the adopted person and that failure to release the identity and last known address of said adopted person would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent. (C) If the biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted person in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section. (7) If an adoptive parent or the sibling of an adopted person notifies the department or placement agency of the death of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted person if they make an inquiry pursuant to the provisions of this Code section. (8) If a biological parent or parent or sibling of a biological parent notifies the department or placement agency of the death of a biological parent or a sibling of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such

TUESDAY, APRIL 22, 2003

2997

information with an adopted person or sibling of the adopted person if he or she makes an inquiry pursuant to the provisions of the Code section. (6)(9) The Division of Family and Children Services Adoption Unit Office of Adoptions within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parents identity to an adopted person upon the adopted persons request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that unit office. (7)(10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. (8)(11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the department or the placement agency in its normal course of operations relating to adoption. (9)(12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts. (10)(13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary. (11)(14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, or sibling, or adopted person under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection or subparagraph (A) of paragraph (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The departments determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (12)(15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."

2998

JOURNAL OF THE HOUSE

SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking Code Section 31-10-13, relating to certificates of adoption, and inserting in its place the following:
"31-10-13. (a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court. (b) Information necessary to prepare the report of adoption shall be furnished by each the petitioner for adoption or the petitioners attorney. The appropriate agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such information shall be prerequisite to the issuance of a final decree in the matter by the court. (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly. (d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (e) When the state registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such certificate or report to the state registrar in the indicated state of birth. (f) The following shall apply to certificates of birth of adopted persons born in a foreign country:
(1) If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, but was adopted through a court in this state, the The state registrar shall prepare and register establish a certificate in this state of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. The new birth certificate shall be prepared on a 'Certificate of Foreign Birth' as prescribed by the state registrar shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate

TUESDAY, APRIL 22, 2003

2999

of Foreign Birth' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the person for whom it is issued. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and (2) If a person was born in a foreign country and was not a citizen of the United States at the time of birth but meets the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, and was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and (2)(3) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State."
SECTION 10. Said chapter is further amended by striking Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, and inserting in its place the following:
"31-10-14. (a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, the exact date of birth contained on the original certificate shall be shown. The true place of birth shall be shown if the adoptee is the natural child

3000

JOURNAL OF THE HOUSE

of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptees birth. The place of birth indicated must be located in Georgia. The new certificate shall be substituted for the original certificate of birth and the evidence of adoption, legitimation, paternity determination, or paternity acknowledgment shall be sealed and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, all the original birth certificate shall not be subject to inspection except as provided in this Code section. All copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or and forwarded to the state registrar, as the state registrar shall direct. (g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute. (h) Notwithstanding the foregoing provisions of this Code section or any other provision of law, any person who is 21 years of age or older, who was born in this state, and who has had an original birth certificate removed from the files due to an adoption may receive a copy of that original birth certificate by complying with the provisions of this subsection. The state registrar shall require a person seeking an original birth certificate to pay the fee for a birth certificate and observe the appropriate waiting period. The copy of the original birth certificate shall be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. This subsection shall apply to all applications for original birth certificates for adopted persons presented to the state registrar on or after July 1, 2003."
SECTION 11. This Act shall become effective July 1, 2003.

TUESDAY, APRIL 22, 2003
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

3001

The following amendment was read and ruled not germane:

Representatives Mills of the 67th, Post 2 and Walker of the 71st, Post 1 move to amend the Committee substitute to SB 192 by inserting after "thereto;" on line 12 of page 1 the following:
"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 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; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide that a physician who complies with this article shall not be civilly liable for failure to obtain informed consent; to provide for circumstances under which a physician shall be guilty of unprofessional conduct; to provide for anonymity of certain persons in civil actions; to provide for severability; to make conforming amendments to existing law;".
By inserting after line 3 of page 12 the following:
"SECTION 9. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, is amended by designating the existing text of Chapter 9, relating to consent for surgical or medical treatment, consisting of Code Sections 31-9-1 through 31-9-7, as Article 1 and by adding thereafter a new Article 2 to read as follows:
'ARTICLE 2
31-9-20. This article shall be known and may be cited as the "Womans Right to Know Act."
31-9-21. As used in this article, the term:
(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

3002

JOURNAL OF THE HOUSE

(2) "Attempt to perform an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in Georgia in violation of this article. (3) "Medical emergency" means any condition which, on the basis of the physicians good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. (4) "Physician" means a person licensed to practice medicine and surgery under Article 2 of Chapter 34 of Title 43. (5) "Probable gestational age of the unborn child" means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed. (6) "Qualified agent" means the agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, licensed physicians assistant, registered nurse, or physician.
31-9-22. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, at least 24 hours before the abortion:
(A) The name of the physician who will perform the abortion; (B) The particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility; (C) The probable gestational age of the unborn child at the time the abortion is to be performed; and (D) The medical risks associated with carrying her child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the female and the female is able to ask questions of the physician. If a physical examination, tests, or the availability of other information to the physician subsequently indicates, in the medical judgment of the physician, a revision of the information previously supplied to the patient, that revised information may be communicated to the patient at any time prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required

TUESDAY, APRIL 22, 2003

3003

information in a language understood by the patient through a translator; (2) The female is informed, by telephone or in person, by the physician who is to perform the abortion or by a qualified agent of the physician at least 24 hours before the abortion:
(A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; and (C) That she has the right to review the printed materials described in Code Section 31-9-23, that these materials are available on a state sponsored website, and what the website address is. The physician or the physicians agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing prior to the abortion that the information described in paragraphs (1) and (2) of this Code section has been furnished to her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this Code section; and (4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
31-9-23. (a) Within 90 days after this article first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the states population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible: (1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the

3004

JOURNAL OF THE HOUSE

services they offer; and (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn childs survival and pictures or drawings representing the development of unborn children at two-week gestational increments, provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term. (b) The materials referred to in subsection (a) of this Code section shall be printed in a typeface large enough to be clearly legible. The website provided for in subsection (d) of this Code section shall be maintained at a minimum resolution of 72 pixels per inch. (c) The materials required under this Code section shall be available at no cost from the Department of Human Resources upon request and in appropriate number to any person, facility, or hospital. (d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section.
31-9-24. When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physicians judgment that an abortion is necessary to avert her death or that a 24 hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
31-9-25. Any physician who complies with the provisions of this article shall not be held civilly liable to a patient for failure to obtain informed consent to abortion.
31-9-26. Any physician who intentionally, knowingly, or recklessly fails to obtain informed consent pursuant to this article shall be guilty of unprofessional conduct pursuant to paragraph (7) of subsection (a) of Code Section 43-34-37. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No penalty or civil liability may be assessed for failure to comply with subparagraph (C) of paragraph (2) of Code Section 31-9-22 or that portion of paragraph (3) of Code Section 31-9-22 requiring a written certification that the female has been informed of

TUESDAY, APRIL 22, 2003

3005

her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of Code Section 31-9-22 unless the Department of Human Resources has made the printed materials available at the time the physician or the physicians agent is required to inform the female of her right to review them.
31-9-27. In every civil proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
31-9-28. (a) Nothing in this article shall be construed as creating or recognizing a right to abortion. (b) This article is not intended to make lawful an abortion which would otherwise be unlawful.
31-9-29. If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this article shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this article and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional.'
SECTION 10. Said chapter is further amended by striking Code Section 31-9-1, which provides a short title, and inserting in its place a new Code section to read as follows:
'31-9-1. This chapter article shall be known and may be cited as the "Georgia Medical Consent Law."'

3006

JOURNAL OF THE HOUSE

SECTION 11. Said chapter is further amended by striking Code Section 31-9-4, relating to applicability of the informed consent law to certain patients, and inserting in its place a new Code section to read as follows:
'31-9-4. This chapter article shall be applicable to the care and treatment of patients in facilities for the mentally ill as defined in paragraph (7) of Code Section 37-3-1.'
SECTION 12. Said chapter is further amended by striking Code Section 31-9-5, relating to applicability of the informed consent law to abortion and sterilization procedures, and inserting in its place a new Code section to read as follows:
'31-9-5. This chapter article shall not apply in any manner whatsoever to abortion and sterilization procedures, which procedures shall continue to be governed by existing law independently of the terms and provisions of this chapter article.'
SECTION 13. Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-96, relating to construction of the informed consent law, and inserting in their respective places new subsections to read as follows:
'(a) This chapter article shall be liberally construed, and all relationships set forth in this chapter shall include the adoptive, foster, and step relations as well as blood relations and the relationship by common-law marriage as well as ceremonial marriage.' '(d) A consent to surgical or medical treatment which discloses in general terms the treatment or course of treatment in connection with which it is given and which is duly evidenced in writing and signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article shall be conclusively presumed to be a valid consent in the absence of fraudulent misrepresentations of material facts in obtaining the same.'
SECTION 14. Said chapter is further amended in Code Section 31-9-6.1, relating to disclosures for certain procedures, by striking paragraph (2) of subsection (b), paragraph (3) of subsection (e), and subsection (g) and inserting in their respective places new provisions to read as follows:
'(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter article, then such consent shall be rebuttably presumed to be a valid consent.' '(3) If a A patient or other person or persons authorized to give consent pursuant to

TUESDAY, APRIL 22, 2003

3007

this chapter article make a request in writing that the information provided for in this Code section not be disclosed;' '(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter article specifically including but not limited to the disciplining of a physician who fails to comply with this Code section.'
SECTION 15. Said chapter is further amended by striking Code Section 31-9-7, relating to right to refuse consent at age 18, and inserting in its place a new Code section to read as follows:
'31-9-7. Nothing contained in this chapter article shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his or her own person.'"
By redesignating Sections 9 through 12 as Sections 16 through 19, respectively.
By striking line 19 of page 15 and inserting in lieu thereof the following: "(a) Sections 9 through 15 of this Act shall become effective January 1, 2004, and shall apply with respect to abortions performed on or after that date, except that: (1) the provisions of this Act relating to publication and distribution of materials by the Department of Human Resources shall become effective for administrative purposes on approval of this Act by the Governor or upon this Acts becoming law without such approval; and (2) such provisions relating to publication and distribution by the department shall become effective for all purposes on October 1, 2003. (b) The remaining sections of this Act shall become effective on July 1, 2003."

The following amendment was read:

Representative Fleming of the 79th et al. move to amend the Committee substitute to SB 192 as follows:
Strike p. 15, lines 8 - 17.
Strike all the underlined portions of lines 27, 28, 31, 32, 33 on page 4 and add back the word "All" on line 27 page 4.

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

3008

JOURNAL OF THE HOUSE

Y Amerson N Anderson N Ashe Y Bannister Y Barnard
Barnes Beasley-Teague N Benfield Y Birdsong Black Y Boggs N Bordeaux E Borders N Bridges Y Brock N Brooks Y Broome Y Brown N Bruce Y Buck N Buckner, D 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

E Day Y Dean Y Deloach Y Dix N Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod N 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 Y Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree N Henson Y Hill, C

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

N Mobley N Moraitakis
Morris N 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 Y Parsons Y Porter Y 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 E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet N Teper N Thomas, A N 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 N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 117, nays 47. The amendment was adopted.

Representative Hudson of the 95th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Committee substitute, as amended, was adopted.

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

TUESDAY, APRIL 22, 2003

3009

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
Barnes Beasley-Teague Y Benfield Y Birdsong Black Y Boggs Y Bordeaux E 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

E 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
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 E 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 N Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N 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 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 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 183. By Senators Harp of the 16th, Bulloch of the 11th, Hudgens of the 47th and Gillis of the 20th:

3010

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and adopted:

A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking Code Section 4-4-6, relating to notice and reporting required for certain diseases, and inserting in lieu thereof the following:
"4-4-6. (a) Any person who knowingly introduces into this state any foreign animal disease or any animal disease, syndrome, chemical, poison, or toxin that may pose a substantial threat of harm to the animal industries in this state shall be guilty of a misdemeanor of a high and aggravated nature.
(b)(1) Any person who makes a clinical diagnosis or laboratory confirmation of or who reasonably suspects the presence or occurrence of any of the following diseases, syndromes, or conditions in animals shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge:
(A) African Horse Sickness; (B) African Swine Fever;

TUESDAY, APRIL 22, 2003

3011

(C) Avian Influenza; (D) Classical Swine Fever (Hog Cholera); (E) Contagious Bovine Pleuropneumonia (Mycoplasma mycoides mycoides); (F) Contagious Ecthyma (Soremouth); (G) Foot & Mouth Disease (FMD, any type); (H) Heartwater (Cowdria ruminantium); (I) Lumpy Skin Disease; (J) Newcastle Disease (Exotic); (K) Nipah Virus; (L) Peste des Petits Ruminants; (M) Plague (Yersinia pestis); (N) Rift Valley Fever; (O) Rinderpest; (P) Screwworm (Cochliomyia hominivorax, C. bezziana); (Q) Sheep Pox and Goat Pox; (R) Swine Vesicular Disease; (S) Vesicular or Ulcerative Conditions; (T) Vesicular Exanthema; or (U) Vesicular Stomatitis (VS, any type). (2) Any person who reasonably suspects the presence or occurrence of any vesicular diseases, mucosal diseases, or abortion storms of unknown etiology in livestock; undiagnosed bovine central nervous system conditions; unusual number of acute deaths in livestock; unusual myiasis or acariasis (flies, mites, ticks, etc.) in animals; or any apparently highly infectious or contagious animal condition of unknown etiology shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (3) Any person who makes a laboratory confirmation of any of the following diseases, syndromes, or conditions in animals shall report the same within 24 hours or by the close of the next business day, whichever last occurs, to the state veterinarian or the United States Department of Agriculture area veterinarian in charge: (A) Akabane Virus Disease; (B) Anthrax (Bacillus anthracis); (C) Aujeszkys Disease (Pseudorabies); (D) Avian Chlamydiosis (Psittacosis and Ornithosis, Chlamydia psittaci); (E) Babesiosis (in livestock, any species); (F) Bluetongue; (G) Borna Disease; (H) Bovine Spongiform Encephalopathy; (I) Brucellosis (Brucella. abortus, B. ovis, B. suis B. mellitensis); (J) Camel Pox Virus; (K) Caseous Lymphadenitis (Corynebacterium pseudotuberculosis); (L) Chronic Wasting Disease; (M) Clostridium perfringens Epsilon Toxin;

3012

JOURNAL OF THE HOUSE

(N) Coccidioidomycosis (Coccidioides immitis); (O) Contagious Agalactia (Mycoplasma agalactiae, M. capricolum capricolum, M. putrefaciens, M. mycoides mycoides, M. mycoides mycoides LC); (P) Contagious Caprine Pleuropneumonia (Mycoplasma capricolum capripneumoniae); (Q) Contagious Equine Metritis (Taylorella equigenitalis); (R) Dourine (Trypanosoma equiperdum); (S) Enterovirus Encephalomyelitis (porcine); (T) Ephemeral Fever; (U) Epizootic Lymphangitis (Histoplasma farciminosum); (V) Equine Encephalomyelitis (Eastern, Western, Venezuelan, West Nile Virus); (W) Equine Infectious Anemia (EIA); (X) Equine Morbillivirus (Hendra virus); (Y) Equine Piroplasmosis (Babesiosis, Babesia (Piroplasma) equi, B. caballi); (Z) Equine Rhinopneumonitis (Type 1 and 4); (AA) Equine Viral Arteritis; (BB) Feline Spongiform Encephalopathy; (CC) Glanders (Burkholderia [Pseudomonas] mallei); (DD) Hemorrhagic Septicemia (Pasteurella multocida); (EE) Japanese Encephalitis Virus; (FF) Ibaraki; (GG) Infectious Laryngotracheitis (other than vaccine induced); (HH) Infectious Petechial Fever (Ehrlichia ondiri); (II) Louping Ill (Ovine encephalomyelitis); (JJ) Maedi-Visna/Ovine Progressive Pneumonia; (KK) Malignant Catarrhal Fever (Bovine Malignant Catarrh) (AHV-1, OHV-2); (LL) Mange (in livestock)(Sarcoptes scabiei var bovis and ovis, Psoroptes ovis, Chorioptes bovis, Psorergates bos and ovis); (MM) Menangle virus; (NN) Melioidosis (Burkholderia [Pseudomonas] pseudomallei); (OO) Nairobi Sheep Disease; (PP) Paratuberculosis (Mycobacterium avium paratuberculosis); (QQ) Perkinsosis (Perkinsus marinus and P. olseni); (RR) Pullorum Disease (Salmonella pullorum); (SS) Q Fever (Coxiella burnetti); (TT) Rabbit Hemorrhagic Disease (Calicivirus disease); (UU) Rabies; (VV) Ricin Toxicosis (toxin from Ricinis communis); (WW) Salmonellosis caused by Salmonella enteritidis; (XX) Salmonellosis in equine (Salmonella typhimurium, S. agona, S. anatum, etc.); (YY) Scrapie; (ZZ) Shigatoxin; (AAA) Staphylococcal Enterotoxins;

TUESDAY, APRIL 22, 2003

3013

(BBB) Sweating Sickness; (CCC) Theileriosis (Theileria annulata, T. parva); (DDD) Transmissible Mink Encephalopathy; (EEE) Transmissible Spongiform Encephalopathies (all types); (FFF) Trypanosomiasis (Trypanosoma congolense, T. vivax, T.brucei brucei, T. evansi); (GGG) Tuberculosis (Mycobacterium. bovis, M. tuberculosis); (HHH) Tularemia (Francisella tularensis); (III) Ulcerative Lymphangitis (Corynebacterium pseudotuberculosis); or (JJJ) Wesselsbron Disease. (4) Any person who makes a laboratory confirmation of any unusual presentation, unexplained increase in number of cases, or unusual trend of Botulism (Clostridium botulinum toxin), aflatoxin, or T-2 toxin in animals which such person reasonably suspects may be caused by bioterrorism as defined by Code Section 31-12-1.1 or epidemic or pandemic presentation and may pose a substantial threat of harm to the animal industries in this state shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (5) Any person, including without limitation any veterinarian or veterinary diagnostic laboratory or practice personnel, person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter facility, as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' who shall fail to report any disease, syndrome, or condition specified in this subsection as required by this subsection shall be guilty of a misdemeanor. (c) The Commissioner is authorized to declare certain other animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. (d) Any person who reasonably suspects the intentional use of any chemical or nuclear agent, microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in an animal shall report such suspicion immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (e) All such reports and data submitted to the state veterinarian or the department pursuant to this Code section shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b)(f) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and or practice personnel and any, person associated with any

3014

JOURNAL OF THE HOUSE

livestock farm, ranch, sales establishment, transportation, or slaughter facility, as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor. (c)(g) Any person violating any provision of this Code section shall be guilty of a misdemeanor who knowingly and willingly makes a false, fictitious, or fraudulent report in any matter within the jurisdiction of the state veterinarian or the department under this Code section shall be subject to the provisions of Code Section 16-10-20. (h) This Code section shall not prohibit the conduct of any bona fide research activities by or on behalf of any accredited public or private college or university in this state, nor shall the reporting requirements of this Code section apply to persons performing such research activities."
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
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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

E 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 E 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
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
Lucas Y Lunsford
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

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 Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 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

3015
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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the Senate was taken up for the purpose of considering the Senate substitute thereto:

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.

The following Senate substitute was read:

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 that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to the sales and use tax; 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; 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.

3016

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking in its entirety paragraph (47) and inserting in lieu thereof the following: "(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;"
SECTION 2. Said Code section is further amended by striking paragraph (75) and inserting in its place a new paragraph (75), to read as follows:
"(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term 'covered item' shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, and thesauruses, and childrens books and books listed on

TUESDAY, APRIL 22, 2003

3017

approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph."
SECTION 3. Said Code section is further amended 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Royal of the 140th et al. move to amend the Senate substitute to HB 43 by striking line 1 of page 1 through the last line of the last page and inserting in its place the following:
"To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the 'State and Local Tax Revision Act of 2003'; to provide for the comprehensive revision of provisions relating to Georgia taxes; to adjust the threshold and due dates for electronic funds transfer of withholding taxes; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for a three-year phase in of such exclusion; to change certain provisions regarding income tax credits with respect to certain vehicles and certain electric vehicle chargers; to provide for an income tax credit for full-time employee jobs created by certain business enterprises and an income tax credit for investments made by certain business

3018

JOURNAL OF THE HOUSE

enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to provide that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to sales and use tax; to provide that the sale of certain school supplies, clothing, footwear, computers, and computer related accessories shall not be subject to sales and use tax for a limited period of time; to provide that sales of certain tangible personal property to, or used in the construction of, certain aquariums shall not be subject to sales and use tax for a limited period of time; to provide for conditions and limitations; 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; to provide for procedures, conditions, and limitations; to provide for reduction or termination; to exclude applicability of certain limitations; to provide for certain exemptions; to revise the definition of gross receipts with respect to occupation taxes and regulatory fees 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; to provide for an excise tax with respect to loose or smokeless tobacco; to change the rate of 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 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

TUESDAY, APRIL 22, 2003

3019

certain provisions regarding examinations by the state auditor; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-32, relating to electronic funds transfer, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f)(1) As used in this subsection, the term "electronic funds transfer" means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (3)(4) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this

3020

JOURNAL OF THE HOUSE

subsection. (4)(5) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (5)(6) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6)(7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department.'
SECTION 3. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subparagraph (a)(5)(A) and inserting in its place a new subparagraph (a)(5)(A) to read as follows:
'(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January

TUESDAY, APRIL 22, 2003

3021

1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $21,666.00; (xi) For taxable years beginning on or after January 1, 2008, and prior to January 1 2009, retirement income from any source not to exceed an exclusion amount of $28,333.00; and (xii) For taxable years beginning on or after January 1, 2009, retirement income from any source not to exceed an exclusion amount of $35,000.00.'
SECTION 4. Said title is further amended in Code Section 48-7-40.16, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, by striking subsections (b), (c), and (d) and inserting in their place new subsections (b), (c), and (d) to read as follows:
'(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. $2,500.00 per new low-emission vehicle and $5,000.00 per new zero emission vehicle. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in the State of Georgia. The amount of the credit shall be equal to 10 percent of the cost of conversion, not to exceed $2,500.00 per converted vehicle. (d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in the

3022

JOURNAL OF THE HOUSE

State of Georgia. The amount of the credit shall be $2,500.00 per charger 10 percent of the cost of the charger or $2,500.00, whichever is less.'
SECTION 5. Said title is further amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
'48-7-40.24. (a) As used in this Code section, the term:
(1) "Business enterprise" means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) "Eligible full-time employee" means an individual holding a full-time employee job created by a qualified project. (3) "Force majeure" means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) "Full-time employee job" and "full-time job" means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the companys job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The

TUESDAY, APRIL 22, 2003

3023

employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(1), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) "Investment requirement" means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) "Job creation requirement" means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) "Job maintenance requirement" means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (8) "Qualified investment property" means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) "Qualified project" means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term "manufacturing facility" means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term "support facility" means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) "Recapture period" means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) "Withholding start-date" means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions:

3024

JOURNAL OF THE HOUSE

(1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding startdate; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section;
(2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly

TUESDAY, APRIL 22, 2003

3025

payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprises quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project

3026

JOURNAL OF THE HOUSE

shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayers withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such

TUESDAY, APRIL 22, 2003

3027

requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 482-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:
(1) "Business enterprise" means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses.

3028

JOURNAL OF THE HOUSE

(2) "Force majeure" means any: (A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof;
but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds.
(3) "Full-time employee" means an individual holding a full-time employee job. (4) "Full-time employee job" and "full-time job" mean employment of an individual which:
(A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the companys credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) "Investment requirement" means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service. (6) "Job maintenance requirement" means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60 months of the recapture period must equal or exceed 90 percent of the job requirement.

TUESDAY, APRIL 22, 2003

3029

(7) "Job requirement" means the requirement that the number of full-time employees must equal or exceed 1,800. (8) "Qualified investment property" means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) "Qualified project" means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term "manufacturing facility" means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term "support facility" means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) "Recapture period" means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the

3030

JOURNAL OF THE HOUSE

minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment

TUESDAY, APRIL 22, 2003

3031

property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayers Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayers quarterly or monthly payments under Code Section 48-7103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayers ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayers basis in such assets for the purpose of depreciation. (f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-740.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, 48-7-

3032

JOURNAL OF THE HOUSE

40.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more

TUESDAY, APRIL 22, 2003

3033

during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
'(b)(1) Except as otherwise provided in subsection (a) of this Code section, every employer whose tax withheld or required to be withheld exceeds $200.00 per month is $50,000.00 or less in the aggregate for the lookback period is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $50,000.00 in the aggregate for the lookback period must remit the withheld taxes pursuant to paragraph (3) of subsection (f) of Code Section 48-2-32 and shall file returns pursuant to paragraph (1) of this subsection. (3) Notwithstanding any provision of this subsection to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) For purposes of this subsection, the "lookback period" for each calendar year shall be the 12 month period which ended the preceding June 30.'
SECTION 7. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking in its entirety paragraph (47) and inserting in lieu thereof the following:

3034

JOURNAL OF THE HOUSE

'(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;'
SECTION 8. Said title is further 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) and by striking paragraph (75) and inserting in its place new paragraphs (75) and (76), to read as follows:
'(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term "covered item" shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, and thesauruses, and childrens books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to

TUESDAY, APRIL 22, 2003

3035

implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph.; or (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 9. Said title is further amended by striking subsection (b) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in its place a new subsection (b) to read as follows:
'(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; and (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(F) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(1)(F) is in effect.; and (3) In the event of a rate increase pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed.'
SECTION 10. Said title is further amended by adding a new Code section immediately following Code Section 48-8-95, to be designated Code Section 48-8-96, to read as follows:

3036

JOURNAL OF THE HOUSE

'48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of Article 1 of this chapter or this article. (b) If the tax authorized by this article is in effect in the special district containing a consolidated government, then the rate of tax imposed under this article in such special district may be increased from 1 percent to 2 percent if such increase is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

"( ) YES

Shall the retail sales and use tax levied within the special district

( ) NO

in __________ County be increased from 1 percent to 2

percent?"

(c) Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which such increase was approved by the voters. The proceeds of the increased tax shall be divided in the same proportions as the original tax. (d) Such increased tax rate may be decreased from 2 percent to 1 percent if such decrease is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for

discontinuation of the tax under Code Section 48-8-92, except that the ballot shall

have printed or written thereon the following:

"( ) YES ( ) NO

Shall the retail sales and use tax levied in the special district within __________ be decreased from 2 percent to 1 percent?"

(e) Such decreased tax rate shall become effective on the first day of the second calendar quarter following the month in which the commissioner receives certification of the result of the election. (f) If the tax authorized by this article is to be newly imposed in the special district containing a consolidated government, then such tax may be imposed in such special district at the rate of 2 percent if such rate is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

TUESDAY, APRIL 22, 2003

3037

"( ) YES ( ) NO

Shall a retail sales and use tax of 2 percent be levied within the special district within __________?"

(g) Such 2 percent tax may be discontinued if such discontinuation is approved by:

(1) A resolution of the governing authority of the consolidated government in the

same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

"( ) YES

Shall the retail sales and use tax levied in the special district

( ) NO

within __________ be terminated?"

(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the

initial 1 percent sales and use tax shall not apply to the furnishing of value to the

public of any room or rooms, lodgings, or accommodations which are subject to

taxation under Article 3 of Chapter 13 of this title.

(2) In the case of a newly imposed 2 percent sales and use tax under this Code

section, only the amount in excess of a 1 percent sales and use tax shall not apply to

the furnishing for value of any room or rooms, lodgings, or accommodations which

are subject to tax under Article 3 of Chapter 13 of this title.

(i) In all respects not otherwise provided for in this Code section, the levy of a tax

under this article by a consolidated government shall be in the same manner as the levy

of the tax by any other county.'

SECTION 11. Said title is further amended in Code Section 48-13-5, relating to definitions relative to occupation taxes and regulatory fees, by striking paragraph (2) and inserting in lieu thereof the following:
'(2)(A) "Gross receipts" means total revenue of the business or practitioner for the period, including without being limited to the following:
(i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parentsubsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(1), between or among the units of a brother-sister controlled group of

3038

JOURNAL OF THE HOUSE

corporations, as defined by 26 U.S.C. Section 1563(a)(2), between or among a parent corporation, wholly owned subsidiaries of such parent corporation, and any corporation in which such parent corporation or one or more of its wholly owned subsidiaries owns stock possessing at least 30 percent of the total value of shares of all classes of stock of such partially owned corporation, or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organizations receipts; and (vi) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt.'
SECTION 12. Said title is further 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,; 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

TUESDAY, APRIL 22, 2003

3039

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 13. Said title 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 23 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 33 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (4) Loose or smokeless tobacco: 10 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. (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.

3040

JOURNAL OF THE HOUSE

(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) 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 14. Said title 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. 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.

TUESDAY, APRIL 22, 2003

3041

(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 15. Said title 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. (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

3042

JOURNAL OF THE HOUSE

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 16. Said title 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, 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

TUESDAY, APRIL 22, 2003

3043

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 17. Said title 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 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

3044

JOURNAL OF THE HOUSE

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 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 18. Said title is further amended by striking Code Section 48-11-9, relating to seizure of

TUESDAY, APRIL 22, 2003

3045

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 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

3046

JOURNAL OF THE HOUSE

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 19. Said title 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, 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 20. Said title 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:

TUESDAY, APRIL 22, 2003

3047

'(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 21. Said title 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 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 22. Said title 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 48-11-13 to read as follows:
'48-11-13. (a) There is imposed a tax on every person for the privilege of using, consuming, or

3048

JOURNAL OF THE HOUSE

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 23. Said title 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 24. Said title 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. 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.'

TUESDAY, APRIL 22, 2003

3049

SECTION 25. Said title 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 26. Said title 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, 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 27. Said title 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

3050

JOURNAL OF THE HOUSE

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 28. Said title 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 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.'

TUESDAY, APRIL 22, 2003

3051

SECTION 29. Said title 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 30. Said title 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 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

3052

JOURNAL OF THE HOUSE

Business Practices Act of 1975."'
SECTION 31. Said title 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 32. Said title 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.'
SECTION 33. Said title 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 34. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to

TUESDAY, APRIL 22, 2003

3053

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.'
SECTION 35. 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 36. 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:

3054

JOURNAL OF THE HOUSE

'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 37. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 4 and 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003. (c) Sections 2 and 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after April 1, 2004. (d) Section 3 shall become effective January 1, 2007.
SECTION 38. All laws and parts of laws in conflict with this Act are repealed."

Pursuant to Rule 134, Representatives Teper of the 42nd, Post 1 and Walker of the 115th were excused from voting on HB 43.

Representative Royal of the 140th moved that the House agree to the Senate substitute, as amended by the House, to HB 43.

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 N Beasley-Teague Y Benfield Y Birdsong

E Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner

Hill, C.A Y Hill, V N Hines N Holmes N 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 Y Sinkfield Y Skipper N Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre

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

TUESDAY, APRIL 22, 2003

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

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

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

On the motion, the ayes were 116, nays 47. The motion prevailed.

3055
Y Snow Y 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 Y Twiggs
Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representatives Jones of the 38th and Martin of the 37th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representatives Heckstall of the 48th, Post 3, Manning of the 32nd and Powell of the 23rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 200. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:

3056

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the commissioner, Department, and Board of Human Resources, so as to permit the department to obtain conviction data that is relevant to any adult who has contact with a child who is the subject of a protective services referral, complaint, or investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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

E 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 E Forster E Franklin Y Gardner Y Golick
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 E 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 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 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
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

TUESDAY, APRIL 22, 2003 On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

3057

SB 201. By Senators Collins of the 6th, Brown of the 26th, Price of the 56th, Johnson of the 1st and Thompson of the 33rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to permit the Department of Human Resources to share access to child abuse records and release information from such records to the Office of School Readiness; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux E 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

E 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 E Forster E 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 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
Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C E 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 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

3058
Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to extend the suspension of the surcharge based upon the State-wide Reserve Ratio; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-

TUESDAY, APRIL 22, 2003

3059

wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

If the State-wide Reserve Ratio: Equals or Exceeds 1.5 percent 1.25 percent 0.75 percent Under 0.75 percent

But Is Less Than 1.7 percent 1.5 percent 1.25 percent

Overall Increase 25 percent 50 percent 75 percent 100 percent

provided, however, that for the period of January 1 through December 31, 2003 2004, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor, in consultation with the Governor, is directed to impose an increase in the overall rate of up to 40 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."
SECTION 2. Said chapter is further amended by striking Code Section 34-8-24, relating to the definition of bona fide in the labor market, and inserting in lieu thereof the following: "34-8-24. As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time or part-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions; provided in the case of availability for part-time employment that there is a labor market in which a reasonable demand exists for the part-time services which the claimant offers."
SECTION 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective on July 1, 2004.

3060

JOURNAL OF THE HOUSE

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Birdsong of the 104th, Smith of the 13th, Post 2 and Skipper of the 116th move to amend the Committee substitute to SB 167 by inserting "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;" between "Ratio;" and "to" on line 4 pf page 1.
By inserting between lines 17 and 18 of page 2 the following:
"SECTION 2A. Said chapter is further amended in Code Section 34-8-194, relating to grounds for disqualification of unemployment benefits, by striking in its entirety paragraph (1) and inserting in lieu thereof the following:
'(1) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer voluntarily without good cause in connection with the individuals most recent work. Good cause shall be determined by the Commissioner according to the circumstances in the case; provided, however, that leaving an employer to accompany a spouse who has been reassigned from one military assignment to another shall be deemed to be for good cause; 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. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioners determination the burden of proof of good work connected cause for voluntarily leaving such work shall be on the individual. Benefits shall not be denied under this paragraph, however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment;'".
By striking lines 19, 20, and 21 of page 2 and inserting in their place the following:
"(a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2A of this Act shall become effective on July 1, 2003.

TUESDAY, APRIL 22, 2003 (c) Section 2 of this Act shall become effective on July 1, 2004."

3061

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 E 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
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E 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 E 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 Y Holmes Y Houston
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 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

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
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 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 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 0.

3062

JOURNAL OF THE HOUSE

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

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.

The following Committee substitute was read and adopted:

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; 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 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, is amended by striking paragraph (1) of subsection (d) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of 3 1 1/2 percent per annum of percentages of the net considerations as defined in paragraph (2) of this subsection paid prior to such time, decreased by the sum of any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of 3 1 1/2 percent per annum and the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by an existing additional amount credited by the company to the contract; provided that, on July 1, 2005, the rates of interest provided for in this paragraph shall increase from 1 1/2 percent per annum to 3 percent per annum and provided further that nothing in this paragraph shall impair or alter the provisions of any annuity contract in existence

TUESDAY, APRIL 22, 2003

3063

on the effective date of this Act;".
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
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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

E 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 E 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 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 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
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 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 Y Stoner
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

3064

JOURNAL OF THE HOUSE

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.

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 142. By Senator Tate of the 38th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 65 years of age or over and whose income does not exceed $60,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 862. By Representatives Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th, Hill of the 16th and others:
A BILL to amend an Act creating the State Court of Cherokee County, so as

TUESDAY, APRIL 22, 2003

3065

to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.
HB 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.
HB 940. By Representative Royal of the 140th:
A BILL to provide a new charter for the City of Sale City; and for other purposes.
HB 945. By Representatives Martin of the 37th, Jones of the 38th, Campbell of the 39th and Burkhalter of the 36th:
A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.
HB 946. By Representative Coleman of the 118th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
HB 952. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; and for other purposes.
HB 956. By Representative Coleman of the 118th:
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.
HB 970. By Representatives Porter of the 119th and Coleman of the 118th:

3066

JOURNAL OF THE HOUSE

A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.
HB 971. By Representative Birdsong of the 104th:
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.
HB 973. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and the description of the council districts; and for other purposes.
HB 974. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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

TUESDAY, APRIL 22, 2003

3067

Henry Jordan Memorial Highway; and for other purposes.
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.
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 I-75 in Whitfield County; and for other purposes.
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.
HR 106. By Representatives Chambers of the 53rd, Watson of the 60th, Post 2, GreeneJohnson 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.
HR 107. By Representative Black of the 144th:
A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.
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.
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

3068

JOURNAL OF THE HOUSE

honor of Lt Col. Doyce Ariail; and for other purposes.
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.
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, Post 2:
A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.
HR 146. By Representative Amerson of the 9th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
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.
HR 212. By Representative Dukes of the 136th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.
HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.
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.

TUESDAY, APRIL 22, 2003

3069

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

SB 142. By Senator Tate of the 38th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 65 years of age or over and whose income does not exceed $60,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 1 Do Pass, by Substitute SB 31 Do Pass, by Substitute SB 113 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:

3070

JOURNAL OF THE HOUSE

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 957 Do Pass, by Substitute HB 1000 Do Pass SB 209 Do Pass, as Amended

SB 245 Do Pass SB 278 Do Pass SB 377 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, APRIL 22, 2003 AFTERNOON SESSION

3071

The Speaker called the House to order.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 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.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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.

3072

JOURNAL OF THE HOUSE

The Senate insists on its substitutes to the following bills of the House:
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.
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 Senate insists on its amendment to the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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

TUESDAY, APRIL 22, 2003

3073

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

3074

JOURNAL OF THE HOUSE
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 Resolutions of the House were read and adopted:

HR 821. By Representatives Smith of the 87th, Butler of the 88th, Post 1, Harper of the 88th, Post 2, Westmoreland of the 86th and Brown of the 89th:
A RESOLUTION congratulating and commending Newnan First United Methodist Church upon the occasion of its 175th anniversary; and for other purposes.

HR 822. By Representative Graves of the 10th: A RESOLUTION commending Amy Stewart; and for other purposes.

HR 823. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION commending Grady General Hospital; and for other purposes.

HR 824. By Representative Walker of the 71st, Post 1:
A RESOLUTION recognizing an annual Cancer Hope and Remembrance Observance Weekend; and for other purposes.

HR 825. By Representative Bunn of the 63rd:
A RESOLUTION commending Doorkeepers Shirley Ann Harper and Max Harper; and for other purposes.

HR 826. By Representative Forster of the 3rd, Post 1:

TUESDAY, APRIL 22, 2003

3075

A RESOLUTION recognizing Veteran's History Day in Fort Oglethorpe and the 103rd annual reunion of the 6th United States Calvary; and for other purposes.

HR 827. By Representative Howard of the 98th:
A RESOLUTION honoring Mr. Calvin Shipman on the occasion of his birthday; and for other purposes.

HR 828. By Representatives Fludd of the 48th, Post 4 and Coleman of the 118th:
A RESOLUTION recognizing the National Day of Prayer; and for other purposes.

HR 829. By Representative Forster of the 3rd, Post 1:
A RESOLUTION recognizing the 150th anniversary of the creation of Catoosa County; and for other purposes.

HR 830. By Representatives Gardner of the 42nd, Post 3, Henson of the 55th, Drenner of the 57th, Thomas of the 43rd, Post 1, Stephens of the 60th, Post 1, and others:
A RESOLUTION commending the American Red Cross; and for other purposes.

HR 831. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION paying tribute to Honorable Walter Bain Proctor, Jr.; and for other purposes.

HR 832. By Representatives Fludd of the 48th, Post 4, Beasley-Teague of the 48th, Post 2, Heckstall of the 48th, Post 3 and Holmes of the 48th, Post 1:
A RESOLUTION honoring the life of Chief Roger Alan Spencer and expressing sympathy upon his passing; and for other purposes.

3076

JOURNAL OF THE HOUSE

HR 833. By Representative Martin of the 37th:
A RESOLUTION commending Richard William Doverspike; and for other purposes.

HR 834. By Representative Martin of the 37th:
A RESOLUTION celebrating the birth of Addison MacKenzie Beam; and for other purposes.

HR 835. By Representative Hill of the 147th:
A RESOLUTION commending Howard H. Davis, Jr.; and for other purposes.

HR 836. By Representatives Parsons of the 29th and Franklin of the 17th:
A RESOLUTION congratulating Addie Hampton, Miss Junior National Teenager; and for other purposes.

HR 837. By Representatives Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION commending Alex Gallman on becoming an Eagle Scout; and for other purposes.

HR 838. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION honoring the 2003 Wayne County Sports Hall of Fame inductees; and for other purposes.

HR 839. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION commending Robert H. Glover; and for other purposes.

TUESDAY, APRIL 22, 2003

3077

HR 840. By Representatives Hill of the 147th, Broome of the 141st, Post 2, Coleman of the 118th, Buck of the 112th, DeLoach of the 127th and others:
A RESOLUTION recognizing Honorable charlie Smith; and for other purposes.

HR 841. By Representatives Fludd of the 48th, Post 4, Heckstall of the 48th, Post 3 and Holmes of the 48th, Post 1:
A RESOLUTION honoring the life of Helen Collins Bomar Hudson and expressing regret at her passing; and for other purposes.

HR 842. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Amerson of the 9th and Reece of the 21st:
A RESOLUTION commending Natasha Humphrey; and for other purposes.

HR 843. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Amerson of the 9th and Reece of the 21st:
A RESOLUTION expressing regret at the passing of Charles James Thurmond; and for other purposes.

HR 844. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4:
A RESOLUTION expressing regret at the passing of Honorable Thomas G. Waller; and for other purposes.

HR 845. By Representatives Smith of the 87th, Butler of the 88th, Post 1, Harper of the 88th, Post 2, Westmoreland of the 86th and Brown of the 89th:
A RESOLUTION commemorating the 175th anniversary of Newnan Presbyterian Church; and for other purposes.

HR 846. By Representative Anderson of the 100th:

3078

JOURNAL OF THE HOUSE
A RESOLUTION commending Dr. Thomas L. Clark, Sr.; 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 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 moved that the House insist on its position in disagreeing to the Senate substitute to HB 237 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

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

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

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

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

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

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

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

TUESDAY, APRIL 22, 2003

N Gardner E 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
Heckstall Y Hembree
Henson Y Hill, C

Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills Y Mitchell

Y Randall Ray Reece, B
Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3079
Thomas, A.M Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the motion, the ayes were 114, nays 14.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Hanner of the 133rd, Royal of the 140th and McCall of the 78th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

3080

JOURNAL OF THE HOUSE

Representative Keen of the 146th moved that the House recede from its position in amending SB 329.

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux E 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 Y Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

E Day N Dean N Deloach
Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner
Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner E 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 N Henson Y Hill, C

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

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

Sims N Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre
Snow 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 Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

On the motion, the ayes were 82, nays 73. The motion was lost.

Representative Keen of the 146th moved that the House reconsider its action in failing to recede from its position in amending SB 329

TUESDAY, APRIL 22, 2003

3081

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux E 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 Y Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

E Day N Dean N Deloach
Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner
Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner E 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
Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes
Houston Y Howard
Howell Hudson N Hugley E Jackson N James N 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 Mangham Y Manning N Marin Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills N Mitchell

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

Sims N Sinkfield N Skipper Y Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre
Snow 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 Y Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

On the motion, the ayes were 87, nays 70. The motion prevailed.

On the motion that the House recede from its position in amending SB 329, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard

E Day N Dean N Deloach
Dix Y Dodson

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

N Mobley N Moraitakis N Morris N Mosby Y Mosley

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

3082

JOURNAL OF THE HOUSE

Y Barnes Beasley-Teague
N Benfield Birdsong
Y Black Y Boggs N Bordeaux E 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 Y Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y 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
Heckstall Y Hembree N Henson Y Hill, C

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

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

On the motion, the ayes were 83, nays 79. The motion was lost.

N Smith, P Y Smith, T Y Smith, V N Smyre
Snow 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 Y Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates Coleman, Speaker

Representative Jamieson of the 22nd moved that the House insist on its position in amending SB 329.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes
Beasley-Teague Benfield Birdsong Y Black

E Day Dean Deloach Dix
N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston N Howard Y Howell
Hudson Y Hugley E Jackson

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M

Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow

N Boggs Y Bordeaux E Borders N Bridges N Brock Y Brooks Y 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 N Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

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 N Graves, T Y Greene Y Greene-Johnson
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 Y Jamieson Y Jenkins
Jones Y Jordan
Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford N 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

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
Richardson N Roberts, J
Roberts, L N Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor N Scott N Shaw N Sheldon Y Sholar

On the motion, the ayes were 83, nays 73. The motion prevailed.

3083
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
Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 following Senate amendment was read:

3084

JOURNAL OF THE HOUSE

The Senate moves to amend HB 688 by inserting between lines 5 and 6 of page 3 the following:
"(e) Vehicle manufacturers shall not be subject to any of the provisions of this chapter."

Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 688.

On the motion, 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
Birdsong Y Black
Boggs Y Bordeaux E 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

E Day 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 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 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
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
Mosby Y Mosley Y Murphy, J
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 Y Rice Y Richardson Y Roberts, J
Roberts, L Y 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 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
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 154, nays 0.

TUESDAY, APRIL 22, 2003 The motion prevailed.

3085

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

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 Senate amendment was read:

The Senate moves to amend HB 285 by striking lines 29 through 32 of page 23 and inserting in lieu thereof the following:
"(11) Public water system reservoirs.".

Representative Stokes of the 72nd moved that the House agree to the Senate amendment to HB 285.

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
Beasley-Teague Y Benfield
Birdsong

E 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 Y Holmes Y Houston Y Howard N Howell
Hudson Y Hugley

Y Mobley Y Moraitakis Y Morris
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
Smith, P Y Smith, T Y Smith, V Y Smyre

3086
Y Black Boggs
Y Bordeaux E 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

JOURNAL OF THE HOUSE

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 Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas N 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
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
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 153, nays 3. The motion prevailed.

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

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

HR 92.

By Representative Bridges of the 7th:
A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HR 92 by striking the figure "$125,000.00" and inserting in lieu thereof the figure "$150,000.00" on line 13 of page 1.

TUESDAY, APRIL 22, 2003

3087

Representative Bridges of the 7th moved that the House agree to the Senate amendment to HR 92.

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

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux E 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
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Dean 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 Forster Y Franklin Y Gardner Golick Y Graves, D 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 Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley E Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox 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
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 Y 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
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 motion, the ayes were 151, nays 0. The motion prevailed.

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

3088

JOURNAL OF THE HOUSE

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.

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.

The following Senate amendment was read:

The Senate moves to amend HB 479 by striking line 2 of page 1 and inserting in its place the following:
"abuse, so as to provide for the adoption of a child abuse protocol that is not inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Resources; to change provisions relating to the county multiagency child fatality review".
By striking lines 7 and 8 of page 1 and inserting in their place the following:
"SECTION .5. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking subsection (e) of Code Section 19-15-2, relating to child abuse protocol committee, written child abuse protocols, and training of members, and inserting in its place the following:
'(e) The protocol committee shall, by July 1, 2001, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the Georgia Child Fatality Review Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren,

TUESDAY, APRIL 22, 2003

3089

foster parents and foster children, or other persons living or formerly living in the same household. The protocol adopted shall not be inconsistent with the policies and procedures of the Division of Family and Children Services of the Department of Human Resources.'

Said chapter is further".

SECTION 1.

By striking the word "article" in line 10 of page 2 and inserting in its place the word "chapter."

Representative Fleming of the 79th moved that the House agree to the Senate amendment to HB 479.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black Boggs Y Bordeaux E 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

E Day 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 Y Gardner Golick N 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 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
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 Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar

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 Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw

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

3090
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

On the motion, the ayes were 155, nays 1. The motion prevailed.

Y Yates Coleman, Speaker

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

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 Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Greene of the 134th moved that the House recede from its position in substituting SR 121.

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

Y Amerson Y Anderson

E Day Dean

Y Hill, C.A Y Hill, V

Y Mobley Y Moraitakis

Y Sims Y Sinkfield

TUESDAY, APRIL 22, 2003

Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Black Y Boggs Y Bordeaux E 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 Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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
Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene
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 Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley E Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan Y Joyce Y Keen
Knox Lane Y Lewis Y Lord 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 Morris 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
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 E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 149, nays 0. The motion was prevailed.

3091
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
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 Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 95. By Representatives Sims of the 130th, McBee of the 74th, Porter of the 119th and Ehrhart of the 28th:

3092

JOURNAL OF THE HOUSE
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 Senate amendment was read:

The Senate moves to amend HB 95 by striking "directed" on line 17 on page 3 and inserting in lieu thereof "directly".

Representative Sims of the 130th moved that the House agree to the Senate amendment to HB 95.

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
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux E 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

E Day Dean
Y Deloach 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 N Franklin
Gardner Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner Y Harbin Y Harper Y Harrell

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

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B
Oliver, M 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 Y Rice Y Richardson Y Roberts, J Roberts, L Y Rogers, C E Rogers, Ch.

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre 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 Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

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

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

Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 149, nays 1. The motion prevailed.

3093
Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

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 following Senate substitute was read:

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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraphs (K) and (L) of paragraph (1) of subsection (a) of Code Section 3324-21.1, relating to group accident and sickness contracts, and inserting in lieu thereof new subparagraphs (K), (L), and (M) to read as follows:
"(K) A public health plan; or

3094

JOURNAL OF THE HOUSE

(L) A Peace Corps Act health benefit plan; or (M) A franchise group plan policy or certificate of coverage issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1."
SECTION 2. Said title is further amended by adding a new subsection (c) to Code Section 33-30-1, relating to definitions of group accident and sickness insurance, to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Franchise association' means an association that is made up of individual members and that: (i) Has been actively in existence for at least three years; (ii) Has been formed and maintained in good faith for purposes other than obtaining insurance; (iii) Does not condition membership in the association on any health status related factor relating to an individual member; (iv) Allows any member of the association to apply for insurance offered through the association with the understanding that the insurer makes the determination as to acceptability for coverage based upon the insurers underwriting criteria; and (v) Does not make health insurance coverage offered through the association available other than in connection with membership in the association. (B) 'Franchise group plan' means a form of group accident and sickness insurance whereby an insurer issues a master policy to a franchise association for the benefit of individual members of such association. (C) 'Individual member' means only an individual person and his or her dependents and shall in no way be construed to include an employer and its employees or retired employees.
(2) The insurer issuing a franchise group plan may, but shall not be required to, individually underwrite each individual applicant who is a member of the franchise association and who applies for coverage under the plan. (3) The premium for such coverage shall be paid by the individual directly to the insurer and shall not be paid, directly or indirectly, by the employer of an individual member. (4) Coverage under the group franchise plan shall be deemed creditable coverage for the purposes of the federal Health Insurance Portability and Accountability Act of 1996 and for purposes relating to conversions under Code Section 33-24-21.1 and relating to portability and continuation under Code Section 33-30-15. (5) The insurer may issue individual policies to each member or may issue individual certificates of coverage. If an individual certificate of coverage is issued, the insurer also must provide a complete copy of the group policy to the individual member upon request of such member."

TUESDAY, APRIL 22, 2003

3095

SECTION 3. Said title is further amended by adding a new Code Section 33-30-1.2 to read as follows:
"33-30-1.2. Any franchise group plan issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1 shall comply with the following written disclosures that must be made to individuals at the time of solicitation for the sale of insurance and upon application for such insurance:
(1) That membership in the association will allow such individual to apply for insurance but that the insurer will make the determination as to acceptability for coverage based upon the insurers underwriting criteria; (2) That insurance may not be offered to an association member if such member does not satisfy the insurers underwriting criteria or insurance may be offered at a higher rate; and (3) That rates for franchise association business are not regulated in Georgia and, therefore, may be subject to unregulated increases upon renewal."
SECTION 4. Said title is further amended by striking subparagraphs (K) and (L) of paragraph (2) of subsection (a) of Code Section 33-30-15, relating to continuation of similar coverage, and inserting in lieu thereof new subparagraphs (K), (L), and (M) to read as follows:
"(K) A public health plan; or (L) A Peace Corps Act health benefit plan; or (M) A franchise group plan policy or certificate of coverage issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 80th moved that the House agree to the Senate substitute to HB 619.

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
Beasley-Teague Y Benfield Y Birdsong Y Black

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E 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
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snow

3096
Y Boggs Bordeaux
E Borders 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

JOURNAL OF THE HOUSE

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
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
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

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 E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 155, nays 0. The motion prevailed.

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
Wix Y Yates
Coleman, Speaker

Representative Jenkins of the 93rd was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting.

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 Senate amendments were read:

TUESDAY, APRIL 22, 2003

3097

Senate Amendment 1
The Senate moves to amend HB 352 by inserting on line 4 of page 1 after the word and symbol "boards;" the following:
"to amend Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to the penalty for violations related to athletic trainers, so as to provide for penalties for licensing violations;"
By inserting between lines 18 and 19 of page 1 the following:
"Section 1A. Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to the penalty for violations related to athletic trainers, is amended by striking said Code Section and inserting in its place the following: '43-5-14. Any person who violates Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1000 for each offense and, in addition, may be imprisoned for two to five years.'"

Senate Amendment 2
The Senate moves to amend HB 352 by inserting on line 3 of page 1 immediately preceding the word "disposition" the words "any public".
By striking line 14 of page 1 and inserting in lieu thereof the following:
"shall notify the complainant of any public disposition of such complaint. Such notification shall".

Representative Harbin of the 80th moved that the House agree to the Senate amendments to HB 352.

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
Beasley-Teague N Benfield Y Birdsong N Black

E Day Dean
N Deloach Y Dix N Dodson N Dollar N Dooley N Douglas N Drenner
Dukes

N Hill, C.A N Hill, V N Hines N Holmes N Houston N Howard N Howell Y Hudson Y Hugley E Jackson

N Mobley N Moraitakis Y Morris
Mosby N Mosley N Murphy, J Y Murphy, Q N Noel N Oliver, B N Oliver, M

N Sims N Sinkfield N Skipper N Smith, B
Smith, L Y Smith, P N Smith, T N Smith, V
Smyre Snow

3098
Boggs N Bordeaux E Borders Y Bridges N Brock N Brooks
Broome N Brown
Bruce Y Buck N Buckner, D N Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell Y Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

On the motion, the ayes were 40, nays 109. The motion was lost. The House has disagreed.

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

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.

The following Senate amendment was read:

TUESDAY, APRIL 22, 2003

3099

The Senate moves to amend HB 579 by striking lines 1 through 20 of page 3 and inserting in lieu thereof the following:
"(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; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a watermeasuring device by the commission; (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. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses.'".
By striking line 27 of page 4 through line 9 of page 5 and inserting in lieu thereof the following:
"(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; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is

3100

JOURNAL OF THE HOUSE

determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a watermeasuring device by the commission; (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. (6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses.'".

Representative McCall of the 78th moved that the House agree to the Senate amendment to HB 579.

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

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

E Day 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 Fludd Y Forster

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
Jamieson Y Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox

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 Sims N 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 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

TUESDAY, APRIL 22, 2003

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

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

On the motion, the ayes were 152, nays 3. The motion prevailed.

3101
Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs N 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

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.

The following Senate substitute was read:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 31 of the Official Code of Georgia Annotated, relating to health, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise and change certain provisions regarding the Georgia Board for Physician Workforce, the State Medical Education Board, and the Renal Dialysis Advisory Council; to change certain provisions regarding the staff and executive director of the State Medical Education Board; to change certain provisions regarding funds for loans and scholarships and administrative assignment of the State Medical Education Board; to change certain provisions regarding legislative purposes with respect to certain provisions regarding

3102

JOURNAL OF THE HOUSE

medical scholarships; to change certain provisions regarding the powers, duties, and functions of the Department of Community Health; to change certain provisions regarding funding of medical education provided by hospital authorities and designated teaching hospitals; to change certain provisions regarding funding of service cancelable loans to physicians in rural areas; to change certain provisions regarding the establishment of the Renal Dialysis Advisory Council; to change certain provisions regarding the administrative assignment, powers, duties, and functions of the Georgia Board for Physician Workforce; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-3-511, relating to the employment of staff and an executive director of the State Medical Education Board, and inserting in its place a new Code Section 20-3-511 to read as follows:
"20-3-511. With the concurrence of the State Medical Education Board, the Department of Community Health shall employ and provide for the compensation of such administrative staff, including but not limited to an executive director, as is necessary to carry out the functions of the State Medical Education Board. The State Medical Education Board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the State Medical Education Board. Such staff members shall be employed within the limits of the appropriations made to the State Medical Education Board."
SECTION 2. Said title is further amended by striking Code Section 20-3-516, relating to funds for loans and scholarships and administrative assignment of the State Medical Education Board, and inserting in its place a new Code Section 20-3-516 to read as follows:
"20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the State Medical Education Board from appropriations to the Department of Community Health Board of Regents of the University System of Georgia for medical scholarships or other purposes. The State Medical Education Board shall be an independent state agency assigned to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board as provided in Code Section 50-4-3."

TUESDAY, APRIL 22, 2003

3103

SECTION 3. Said title is further amended by striking Code Section 20-3-518, relating to legislative purposes with respect to certain provisions regarding medical scholarships, and inserting in its place a new Code Section 20-3-518 to read as follows:
"20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia and in other areas of need as determined by the State Medical Education Board in cooperation with the Georgia Board for Physician Workforce, by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. In furtherance of such purpose, the State Medical Education Board shall have sole responsibility and authority for all state programs designed to assist Georgia communities with recruitment and retention of physicians."
SECTION 4. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (2) of subsection (f) of Code Section 31-5A-4, relating to powers, duties, and functions of the Department of Community Health, and inserting in its place a new paragraph (2) to read as follows:
"(2) Is authorized to plan and coordinate medical education and physician workforce issues Reserved;"
SECTION 5. Said title is further amended by striking subsections (c) and (d) of Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, and inserting in their place new subsections (c) and (d) to read as follows:
"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Department of Community Health Georgia Board for Physician Workforce shall pay no more than $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the Department of Community Health Georgia Board for Physician Workforce. The Department of Community Health Georgia Board for Physician Workforce is authorized to designate the Georgia Board for Physician Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided in this Code section. (d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the Department of Community Health Georgia Board

3104

JOURNAL OF THE HOUSE

for Physician Workforce. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The Department of Community Health Georgia Board for Physician Workforce shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals."
SECTION 6. Said title is further amended by striking Code Section 31-34-8 of the Official Code of Georgia Annotated, relating to funding of service cancelable loans for physicians in rural areas, and inserting in its place a new Code Section 31-34-8 to read as follows:
"31-34-8. The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Department of Community Health Board of Regents of the University System of Georgia for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be an independent state agency assigned to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board as defined by Code Section 50-4-3."
SECTION 7. Said title is further amended by striking subsection (b) of Code Section 31-44-3, relating to adoption of rules, establishment of a council, and terms of councilmembers, and inserting in its place the following:
"(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities."

TUESDAY, APRIL 22, 2003

3105

SECTION 8. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-10-1, relating to the Georgia Board for Physician Workforce, by striking paragraph (1) of subsection (a) and striking subsection (d) and inserting in their place a new paragraph (1) of subsection (a) and a new subsection (d) to read as follows:
"(1) The Joint Board of Family Practice which existed on January 1, 1998, is continued in existence but on and after July 1, 1998, shall become and be known as the Georgia Board for Physician Workforce. The Georgia Board for Physician Workforce, referred to in this chapter as the 'board,' shall be attached to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3, except that such department shall prepare and submit the budget for that board in concurrence with that board." "(d) The Department of Community Health, with the concurrence of the board, The Georgia Board for Physician Workforce shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board."
SECTION 9. Said title is further amended by striking Code Section 49-10-3, relating to powers, duties, and responsibilities of the Georgia Board of Physician Workforce, and inserting in its place a new Code Section 49-10-3 to read as follows:
"49-10-3. The board shall have the following powers, duties, and responsibilities:
(1) To locate and determine specific underserved areas of the state in which unmet priority needs exist for physicians by monitoring and evaluating the supply and distribution of physicians by specialty and geographical location; (2) To approve and allocate state appropriations for family practice training programs, including but not limited to fellowships in geriatrics and other areas of need as may be identified by the board; (3) To approve and allocate state appropriations for designated pediatric training programs; (4) To approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (5) To coordinate and conduct with other state, federal, and private entities, as appropriate, activities to increase the number of graduating physicians who remain in Georgia to practice with an emphasis on medically underserved areas of the state; and (6) To carry out any other functions assigned to the board by general law. (1) Plan and coordinate state-wide medical education and physician workforce policy and issues; (2) Advise the Governor, General Assembly, and the Board of Regents of the University System of Georgia on the short-term and long-range projected requirements for physicians necessary to provide access to primary and specialty

3106

JOURNAL OF THE HOUSE

medical care in Georgia, policy and issues related to the education and characteristics of physicians in Georgia, and changing conditions that may threaten or negatively impact the achievement of physician workforce objectives; (3) Monitor and evaluate the supply and distribution of physicians in Georgia by specialty and geographic location; in order to carry out this responsibility, the board is authorized to conduct surveys of physicians licensed in Georgia; the Composite Board of Medical Examiners is directed to provide full cooperation and assistance to the board in the conduct of such physician surveys; (4) Define specific areas of the state in which unmet needs for physicians exist; (5) Establish, prioritize, and maintain current physician workforce objectives, taking into account current and projected changes in medicine and medical practice, changing conditions, and changing needs for medical care in Georgia; (6) Study and recommend options for financing medical education; (7) Designate teaching hospitals eligible to receive residency capitation funds as authorized by subsection (c) of Code Section 31-7-95 of the Official Code of Georgia Annotated for purposes of defining the list of teaching hospitals that qualify for the teaching hospital provisions of the states certificate of need regulations; (8) Approve and allocate state appropriations for medical education programs, except for appropriations made to the Medical College of Georgia through the Board of Regents of the University System of Georgia; (9) Approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (10) Coordinate and conduct with other state, federal, and private entities, as appropriate, other activities to increase the supply of physicians in medically underserved areas of Georgia and to meet other physician workforce objectives for Georgia; and (11) Carry out any other functions assigned to the board by general law."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Childers of the 13th, Post 1 moves to amend Senate substitute to HB 56 by inserting on line 13 of page 1 after the word and symbol "areas;" the following:
"to change the length of term of office of the presiding officer of the Commission on Mens Health;".
By inserting between lines 14 and 15 of page 4 the following:

TUESDAY, APRIL 22, 2003

3107

"SECTION 6A. Said title is further amended by striking subsection (a) of Code Section 31-43-8, relating to selection of the presiding officer of the Commission on Mens Health, and inserting in its place the following: '(a) The commission annually shall elect one of its members as presiding officer who shall serve as presiding officer concurrently with the term of office of such member specified under subsection (a) of Code Section 31-43-7. A successor shall be elected immediately prior to the expiration of the presiding officers term of office.'"

Representative Childers of the 13th, Post 1 moved that the House agree to the Senate substitute, as amended by the House, to HB 56.

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
Birdsong Y Black Y Boggs Y Bordeaux E 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 N Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper Y Crawford
Cummings

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N 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 Y Heath 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 E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce N Keen N Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox
Mangham Manning Y Marin Y Martin N 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 Y Rogers, C E Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw N Sheldon Y Sholar

Sims Y Sinkfield Y Skipper Y Smith, B
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 Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

3108

JOURNAL OF THE HOUSE

On the motion, the ayes were 142, nays 13. The motion prevailed.

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 Senate substitute was read:

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."

TUESDAY, APRIL 22, 2003

3109

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. (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).

3110

JOURNAL OF THE HOUSE

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 not exceed 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 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

TUESDAY, APRIL 22, 2003

3111

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. (c) 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 July 1, 2003.

3112

JOURNAL OF THE HOUSE

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 77th moved that the House agree to the Senate substitute to HB 526.

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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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

E Day 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 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 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
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
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 E 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
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 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 motion, the ayes were 158, nays 1. The motion prevailed.

TUESDAY, APRIL 22, 2003

3113

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.

HR 397. By Representative Maddox of the 59th, Post 2:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HR 397 by striking the word "twelve" on line 14 of page 1 and inserting in its place the word "thirteen".
By adding after the word and symbol "committee." on line 22 of page 1 the following:
"The MARTA Board of Directors shall select a MARTA Board member to serve as a member of the committee.".

Representative Maddox of the 59th, Post 2 moved that the House agree to the Senate amendment to HR 397.

On the motion, 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 Black Y Boggs Y Bordeaux E Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

E Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Y Franklin Y Gardner Y Golick

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 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
Powell Y Purcell Y Ralston Y Randall Y Ray

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

3114
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
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

Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Reece, B Y Reece, S Y 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

On the motion, the ayes were 152, nays 2. The motion prevailed.

Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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.

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

HB 957. By Representative Coleman of the 118th:
A BILL to amend an Act creating the governing authority of Telfair County, so as to change provisions relating to the governing authority of said county; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, so as to reconstitute the board of commissioners of Telfair County and revise and restate the law relating to the board; to provide for elections and for commissioner districts; to provide for terms of office; to provide for oaths of office and surety bonds; to provide for the

TUESDAY, APRIL 22, 2003

3115

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 provide for regular and special meetings; to provide for a vice chairperson; to provide for a quorum; to provide for a clerk; to provide for formal bids for certain purchases; to provide for audits of county finances and financial records; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for receipt of contributions for public roads and bridges; to provide for conflicts of interest; to provide for a quarterly report for receipt and disbursement of funds; to provide for term limits; to provide for a referendum election with respect to the effectiveness of the foregoing; to provide for construction with contemporaneously enacted legislation; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of commissioner of roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, is amended by striking Section 1 and all other substantive sections of said Act and inserting in place thereof the following revision and restatement of the law relating to the board of commissioners of Telfair County:
"SECTION 1. The Board of Commissioners of Telfair County which was created by an order of the United States District Court of the Southern District of Georgia, Dublin Division, entered on October 26, 1988, in Civil Action No. CV 387-25, as amended by subsequent orders of said court entered on December 17, 1990, in Civil Action No. CV 386-61 and August 1, 1991, in Civil Action No. CV 386-61, is continued in existence but shall be constituted in the future as provided in this Act.
SECTION 2. As used in this Act, the term 'board,' means the Board of Commissioners of Telfair County, including the chairperson and all members.
SECTION 3. (a) Those members of the Board of Commissioners of Telfair County who are serving as such immediately prior to the effective date of this section and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this section, the Board of Commissioners of Telfair County shall consist of five members who shall be elected as described in subsection (b) of this section.

3116

JOURNAL OF THE HOUSE

(b) For purposes of electing members of the board of commissioners, Telfair County is divided into four commissioner districts. One member of the board shall be elected from each such district. The fifth member who shall serve as chairperson of the board shall be elected from the county at large. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: tel4dis Plan Type: Local User: staff Administrator: Telfair Co. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Telfair County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Telfair County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
SECTION 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must attain residency in the district the person seeks to represent at least by the time the person qualifies as a candidate for the position and must continue to reside in that district during that persons term of office or that office shall become vacant.
SECTION 5. The members of the reconstituted Board of Commissioners of Telfair County shall be

TUESDAY, APRIL 22, 2003

3117

elected as provided in this subsection. The first members from Commissioner Districts 2, 3, and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. Those members of the board elected thereto from Commissioner Districts 2, 3, and 4 in 2004 shall take office the first day of January immediately following that election. The members so elected from Commissioner Districts 3 and 4 shall serve for initial terms of office which expire December 31, 2008, and the member so elected from Commissioner District 2 shall serve for an initial term of office which expires December 31, 2006. Members from Commissioner Districts 1 and 2 and the chairperson who is elected at-large shall be elected at the general election on the Tuesday next following the first Monday in November, 2006. Those members of the board elected in 2006 and thereafter shall take office the first day of January immediately following that election and shall serve for terms of four years. Future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Any vacancy in office upon the board which occurs for any reason shall be filled pursuant to Code Section 36-5-21 of the O.C.G.A.
SECTION 6. (a) Until December 31, 2006, the members of the board shall elect one of their number to serve as chairperson of the board, and such chairperson shall serve in that capacity at the pleasure of the board. On and after January 1, 2007, the member of the board who is elected from the county at-large shall be the chairperson of the board. (b) At its first meeting each year, or as soon thereafter as practicable, the board shall choose one of the members as vice chairperson, and such vice chairperson shall hold his or her office until his or her successor is elected. Nothing in this section shall prevent the reelection of any vice chairperson.
SECTION 7. In addition to the oath required of all county officers, the commissioners shall take an additional oath to perform the duties of their office truly and faithfully, to the best of their skill and knowledge, and to account for all money, property, and effects of such county, going into their possession, custody, or control and or expended by or under their direction.
SECTION 8. Before entering upon the discharge of their duties, each member of the board of commissioners shall give bond in the sum of $25,000.00 except the chairperson of said

3118

JOURNAL OF THE HOUSE

board who shall give bond in the sum of $50,000.00 with some responsible surety company authorized to do business in Georgia, as his or her surety, payable to and approved by the judge of the probate court of the county and conditioned for the faithful performance of the duties of the office and the full and true accounting for all moneys, funds, and effects of said county coming into his or her hands or going into his or her custody or possession to be filed in the office of the judge of the probate court and be there recorded and safely kept. The premiums on said bonds shall be paid by the county.
SECTION 9. (a) The salary and expense allowance for the chairperson and the other members of the board shall be the same as immediately prior to the effective date of this section and may be changed pursuant to Code Section 36-5-28 of the O.C.G.A. (b) The clerk and other county employees shall be compensated in an amount to be determined by the board. The board shall conduct periodic evaluations of all employees and compensation of employees shall be based upon length of employment, job performance, and special training or other requirements for the job. (c) The total compensation to the chairperson, the county commissioners, and employees shall be paid from the funds of Telfair County. No members of said board shall receive any other compensation for any services or expenses incurred within the Telfair County but may be reimbursed for their expenses as provided for in this subsection. Should it become necessary for any member of said board to transact business for the county outside the limits of the county, then his or her expenses shall be paid out of the general funds of the county when and only after said itemized expense account has been approved by a majority of the board.
SECTION 10. (a) The board shall hold at least one regular meeting each month, and the initial meeting shall be properly advertised so that the public will be notified and may appear before the board for any purpose. The board may conduct special meetings at any time, provided all members of the board shall have been notified of such special meeting which shall be open to the public. (b) The vice chairperson shall, in the absence or disqualification of the chairperson or during any vacancy in office of chairperson, perform and discharge all duties of the chairperson, and in the event of a vacancy in the office of vice chairperson the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairperson shall be the chief executive of the board. He or she shall see that all orders, resolutions, and rules of the board are faithfully filled and impartially executed and enforced and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. The chairperson shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. The chairperson shall have the power to convene the board in extra session upon his or her own motion or upon written

TUESDAY, APRIL 22, 2003

3119

request of two other members of the board and shall do so whenever two other members make such request in writing.
SECTION 11. Any three members of board shall constitute a quorum. The affirmative vote of three members shall be necessary for any action by the board, and the chairperson shall have the right to vote on all matters before the board.
SECTION 12. The board is authorized to elect a clerk. Any citizen of the county, not a member of the board, shall be eligible to hold the office of clerk of the board and shall receive a salary for his or her services to be fixed by the board, which salary shall be paid in equal monthly installments. The clerk before entering upon his or her duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his or her surety in the sum of $50,000.00, to be approved by the board with the premium on such bond to be paid by the county, payable to the judge of the probate court and his or her successors in office and conditioned for the faithful performance of his or her duties as such clerk and to account for any and all funds, property, or effects which may come into his or her hands as such clerk or otherwise, which bond shall be filed with the judge of the probate court and recorded on his or her minutes and may be sued on in like manner as the bonds of the commissioners. The clerk shall keep minutes of all meetings of the board, an inventory of all properties, and such books and records as may be required of the clerk by the board and do such other acts and things as may be required of the clerk by law or by the board. The clerk shall serve at the pleasure of the board.
SECTION 13. The board, either itself or by its duly appointed agent, shall purchase all equipment, material, and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and, wherever practicable, purchases of all equipment, materials, and supplies shall be by competitive bids, which bids shall be kept on file in the office of the board and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Telfair County; and before bills therefor are submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and, if approved by the board at a regular meeting of the board, such approval shall be endorsed on such bills by the chairperson and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairperson and clerk as all other warrants drawn on the treasury shall be signed before payment thereof is made, except that in the absence of the chairperson, the vice chairperson shall be authorized to sign warrants. No purchases shall be paid for or be reimbursed by Telfair County without approval prior to purchase by the board or its duly appointed purchasing agent.

3120

JOURNAL OF THE HOUSE

SECTION 14. The board may at its discretion, and when it deems necessary, select a superintendent of roads and bridges. The superintendent shall give his or her entire time to said duties as such superintendent and shall not engage in any other business. The superintendent shall receive such salary as may be fixed by the board and shall hold his or her position at the pleasure of the board. The chairperson shall not be authorized to serve simultaneously as superintendent of roads and bridges.
SECTION 15. The board may have the books and accounts of the tax commissioner; custodian of all county funds; sheriff; superintendent of schools; board of commissioners; and such other officers as may be necessary audited by a certified public accountant of this state after its takes charge of the affairs of the county to cover such period as it deems advisable and every year thereafter. Such audit shall be filed in the office of the board and shall at all times be subject to inspection by any citizen or taxpayer of the county. A summary of the audit shall be published in the official organ of Telfair County within 30 days after it shall have been completed.
SECTION 16. The board shall have and it is vested with exclusive jurisdiction and control over the following:
(1) Directing, controlling, and caring for all the property of the county according to law; (2) Levying taxes according to law; (3) Establishing, altering, or abolishing public roads, private roads, private ways, bridges, and ferries, according to law; (4) Establishing, abolishing, or changing election precincts and militia districts according to law; (5) Supervising the tax commissioners books and in allowing the insolvent lists for the county, according to law; (6) Settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriating for its use or benefit and bringing them to settlement; and especially it is charged with frequently examining and auditing the books of all officers through whose hands any county funds much pass; it may require from all such officers, subject to an examination, such reports as may be necessary to keep such board fully informed at all times of the financial condition of the county; (7) Controlling, caring for, and managing the convicts of the county, according to law; (8) Making rules, regulations, and provisions for the support of the poor of the county, according to law; (9) Promoting and preserving the public health of the county, with authority to

TUESDAY, APRIL 22, 2003

3121

quarantine against contagious diseases and epidemics, according to law; (10) Regulating and fixing license fees as may be provided by law; (11) Bringing and defending actions in the name of Telfair County; (12) Exercising the power of eminent domain in the manner described by law; (13) Generally having and exercising all powers vested previously in the former board when sitting for county purposes; (14) Exercising such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; (15) Selecting and appointing all officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the court house, superintendent of the pauper farm should one be established, county physician and health officer, tax assessors, and county police officers, and other officers and guards as needed and authorized by law; (16) Employing a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the board may direct, who shall be paid such salary or compensation as the board may direct, out of the regular funds of the county, with authority of the board to fix his or her term of office or to discharge him or her at any time; and (17) Regulating peddling licenses, according to law.
SECTION 17. The board may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same or from any other person or persons or from the state government or the United States government or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the roads or bridges designated by the contributor.
SECTION 18. Item 24 of the court order described in Section 1 of this Act which described certain prohibited activities regarding financial interest in the sale or purchase of any article to or from the county by members of the board or the clerk or receiving financial consideration in connection with purchases or contracts which constituted crimes shall be of no force and effect. Such matters shall be regulated as provided by general law, including, but not limited to, Chapter 10 of Title 16 of the O.C.G.A. or Chapter 10 of Title 45 of the O.C.G.A.
SECTION 19. The board shall publish not less than quarterly a report for all receipts and disbursements of county funds."

3122

JOURNAL OF THE HOUSE

SECTION 2. The constitutional amendment found at Ga. L. 1963, p. 705, which provides that county officers shall be ineligible to succeed themselves after serving two successive terms, shall be applicable to the board of commissioners.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Telfair County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Telfair County for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Telfair County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which reconstitutes the board of ( ) NO commissioners of Tefair County and revises and restates the law
relating to the board?" All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No."
SECTION 4. The General Assembly recognizes and intends that if both this Act and SB 278 are enacted at the 2003 session of the General Assembly, there will be a conflict between the provisions of this Act and SB 278. If a majority of the votes cast at the election provided for in Section 3 of this Act are in favor of this Act, then this Act shall control over the provisions of SB 278. If this Act is not so approved by the voters or if the election provided for in Section 3 of this Act is not held, then the provisions of SB 278 shall control over the provisions of this Act. If SB 278 is not enacted at the 2003 session of the General Assembly, the provisions of this Act shall be construed with reference to existing law and without reference to SB 278.
SECTION 5. The governing authority of Telfair 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 6. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, APRIL 22, 2003
District 001 Telfair County
Tract: 9501 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2072 2073 2074 2075 2076 2077 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 BG: 3 3000 3001 3002 3003 3004 3005 3007 3008 3012 3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3056 3057 3058 3059 3060 3061 3062 3063 3111 3112 3113 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4054 4055 4056 4057 4058 4064 BG: 5 5003 5011 5012 5013 5014 5015 5016 5021 5022
District 002 Telfair County
Tract: 9501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1154 1155 1156 1157 1158 1159 1998 1999

3123

3124

JOURNAL OF THE HOUSE

BG: 4 4052 4053 4059 4060 4061 4062 4063 4065 4066 4067 4068 4069 BG: 5 5000 5001 5002 5004 5005 5006 5007 5008 5009 5010 5017 5018 5019 5020 5023 5024 5025 5050 5051 5095 Tract: 9504 BG: 1 BG: 2 2000 2001 2002 2003 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2072 2073

District 003 Telfair County
Tract: 9501 BG: 1 1152 1153 1160 1161 1162 BG: 5 5047 5048 5049 5052 5053 5054 Tract: 9502 BG: 1 1000 1056 1057 1058 1066 1067 1068 1069 1070 1071 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2993 2994 2995 2996 2997 2998 2999 Tract: 9503 Tract: 9504 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2998 2999

District 004

TUESDAY, APRIL 22, 2003

3125

Telfair County Tract: 9501 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2066 2067 2068 2069 2070 2071 2078 2079 2080 2999 BG: 3 3006 3009 3010 3011 3019 3020 3021 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 BG: 5 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 Tract: 9502 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1059 1060 1061 1062 1063 1064 1065 BG: 2 2016 2017
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 123, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1000. By Representatives Stephens of the 124th, Post 2, Bordeaux of the 125th, Jackson of the 124th, Post 1 and Purcell of the 122nd:

3126

JOURNAL OF THE HOUSE
A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman 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 123, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

SB 209. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to provide for the DeKalb County Board of Registrations and Elections; to provide for the board as a successor to the board created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 209 by striking lines 16 through 19 of page 3 and inserting in lieu thereof the following:
"qualified, except in the event of resignation or removal as hereinafter provided;".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 123, nays 6.

TUESDAY, APRIL 22, 2003

3127

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

SB 245. By Senators Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st, Tanksley of the 32nd, Collins of the 6th and others:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4614), so as to change the provisions relating to the compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 18.
The Bill, having received the requisite constitutional majority, was passed.

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.

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 123, nays 6.

3128

JOURNAL OF THE HOUSE

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

SB 377. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for exercise of powers; to provide for governing authority of such city; to provide for terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for compensation of members of the governing authority; to provide prohibitions for elected officials; to authorize inquiries and investigations by the governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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 560 Do Pass HR 624 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

TUESDAY, APRIL 22, 2003

3129

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

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 was read:

HR 847. By Representatives Skipper of the 116th, Smyre of the 111th, Buck of the 112th and Westmoreland of the 86th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, April 22, the 39th day of the legislative session and shall reconvene on Friday, April 25, 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.
BE IT FURTHER RESOLVED that this resolution shall supersede SR 441 which shall no longer be effective after the adoption of this resolution.

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

N Amerson Anderson
Y Ashe

E Day Dean
Y Deloach

Y Hill, C.A Hill, V
N Hines

Mobley Y Moraitakis Y Morris

Y Sims N Sinkfield Y Skipper

3130

JOURNAL OF THE HOUSE

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

Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
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 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 Y Hembree Y Henson N Hill, C

Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E 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 N Maxwell Y McBee Y McCall Y McClinton Millar Y Mills N Mitchell

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

On the adoption of the Resolution, the ayes were 114, nays 26. The Resolution was adopted.

Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner
Stephens, E Y Stephens, R
Stephenson N 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 Y Westmoreland Y White
Wilkinson Y Willard
Williams, A Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

TUESDAY, APRIL 22, 2003 The following Senate amendment was read:

3131

The Senate moves to amend HB 795 by inserting on line 4 of page 1 after the word and symbol "quorums;" the following:
"to provide for the governing authority appointing the majority of members to the authority to be responsible for any liability resulting from the activities of the authority and to hold harmless all other member governing authorities;".
By inserting between lines 10 and 11 of page 2 the following:
"Said Act is further amended by adding a new Section 26.1 to read as follows:
'SECTION 26.1. If any activity of the authority results in liability for a members governing authority, the governing authority having a majority of the members of the authority shall bear responsibility for such liability and shall hold all other member governing authorities harmless.'
SECTION 3."

Representative Ralston of the 6th moved that the House agree to the Senate amendment to HB 795.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

SR 23.

By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

The following amendment was read:

3132

JOURNAL OF THE HOUSE

Representatives Howard of the 98th and Coleman of the 118th move to amend SR 23 by inserting before line 1 of page 1 the following:
"PART I"
By inserting following line 5 of page 2 the following:
"PART II Recognizing and commending Honorable Jack Connell and naming the Jack Connell Parkway; and for other purposes.
WHEREAS, Honorable Jack Connell, our distinguished former colleague and dear friend, served the State of Georgia and its citizens with the utmost dedication and ability as a member of the Georgia House of Representatives from 1969 to 2002; and
WHEREAS, Representative Connell served as Speaker Pro Tempore of the House of Representatives for 26 consecutive years, making him the longest serving Speaker Pro Tempore in the history of the State of Georgia and the United States; and
WHEREAS, a native of Augusta, Georgia, and a veteran of World War II, he is admired and respected as a consummate Southern gentleman, a pillar of the Augusta community, a prominent businessman, and a devoted leader in the government, religious, and political organizations in his community; and
WHEREAS, he was integral in the establishment of the Georgia Radiation Therapy Center, which treats over 120 patients a day, and the Childrens Medical Center located at the Medical College of Georgia; and
WHEREAS, in addition to his many accomplishments benefiting the medical community, Representative Connell was very effective in bringing growth and development to the City of Augustas infrastructure; and
WHEREAS, he was solely responsible for obtaining $50 million for the design and construction of the Riverwatch Parkway; and
WHEREAS, he is a devoted husband to his wife, the former Nanette Jean Anderson, and takes great delight in four children and six grandchildren; and
WHEREAS, his efforts brought unparalleled progress to the citizens of his district and the State of Georgia, and it is abundantly fitting that the members of this body, who regard him with much admiration and respect, pay tribute to one of their finest colleagues for the many years of distinguished service he rendered.

TUESDAY, APRIL 22, 2003

3133

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body recognize and commend Honorable Jack Connell for his exemplary public service and convey to him their wholehearted respect and best wishes forever.
BE IT FURTHER RESOLVED that the Riverwatch Parkway in Augusta, Georgia, is hereby named the Jack Connell Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said parkway.
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 Honorable Jack Connell."

The following amendment was read:

Representative Burmeister of the 96th moves to amend the Howard amendment to SR 23 as follows:
On pg. 2 after line 11 insert the following:
"However nothing in this resolution shall apply to any portion of Riverwatch Parkway outside the political boundaries of House District 98." and renumber the following accordingly.

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 N Black
Boggs N Bordeaux E Borders Y Bridges Y Brock N Brooks

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

Y 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 Y Jones
Jordan Y Joyce

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

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

3134
Broome Y Brown
Bruce N Buck N Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Crawford N Cummings

JOURNAL OF THE HOUSE

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

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

Powell N Purcell Y Ralston N Randall N Ray N Reece, B N Reece, S N Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E 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 57, nays 92. The amendment was lost.

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

The Howard amendment was adopted.

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

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

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

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

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
Jordan

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

Y Sims 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
Stephens, R Y Stephenson Y Stokes

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

TUESDAY, APRIL 22, 2003

Y Floyd, J Y Fludd
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 Y Heckstall Y Hembree Y Henson N Hill, C

N Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey N 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 N Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

3135
Y Stoner Y Teilhet Y Teper
Thomas, A Thomas, A.M Y Thompson Y Twiggs Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Wilkinson Willard Y Williams, A Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the adoption of the Resolution, as amended, the ayes were 119, nays 26.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

The following amendment was read and adopted:

Representatives Buck of the 112th and Royal of the 140th move to amend SB 46 by striking the word "shall" on line 13 and inserting in lieu thereof the word "may" and by striking the word "solely" on line 13.

3136

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:

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux E 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
Crawford Y Cummings

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

Y Mobley Y Moraitakis Y Morris
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
Roberts, L Y 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
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, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 96.

By Senators Unterman of the 45th, Thomas of the 54th, Price of the 56th and Kemp of the 46th:

TUESDAY, APRIL 22, 2003

3137

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.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a definition; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new paragraph (1.1) to Code Section 33-1-2, relating to definitions, to read as follows:
"(1.1) 'Health benefit policy,' 'health benefit plan,' or other similar terms do not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, Medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance."
SECTION 2. Said title is further amended by inserting a new Code Section 33-24-59.11 to read as follows:
"33-24-59.11. (a) As used in this Code section, the term:
(1) 'Chronic and seriously debilitating' means diseases or conditions that cause significant long-term morbidity and that require ongoing treatment to maintain remission or prevent deterioration.

3138

JOURNAL OF THE HOUSE

(2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state on or after July 1, 2003, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer; provided, however, that 'health benefit policy' shall not include the limited benefit policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12. (3) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (4) 'Life-threatening' means:
(A) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; (B) Diseases or conditions with potentially fatal outcomes, where the end point of clinical intervention is survival; or (C) The natural process of aging shall not be construed as a disease or condition for the purposes of this definition or this Code section. (b) No health benefit policy issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly covers prescription drugs shall limit or exclude coverage for a drug on the basis that the drug is prescribed for a use that is different from the use for which that drug has been approved for marketing by the federal Food and Drug Administration, provided that all of the following conditions have been met and subject to the prior authorization process or other restrictions of the insurer: (1) The drug has been approved by the federal Food and Drug Administration; (2)(A) The drug is prescribed by a contracting licensed health care professional for the treatment of a life-threatening disease or condition; (B) The drug is prescribed by a contracting licensed health care professional for the treatment of a chronic and seriously debilitating disease or condition, the drug is medically necessary to treat that disease or condition, and the drug is on the insurers formulary or preferred drug list, if any; or (C) The drug is prescribed by a contracting licensed health care professional to treat a disease or condition in a child where the drug has been approved by the federal Food and Drug Administration for similar conditions or diseases in adults and the drug is medically necessary to treat that disease or condition; and (3) The drug has been recognized for treatment of that disease or condition or pediatric application by one of the following: (A) The American Medical Association Drug Evaluations; (B) The American Hospital Formulary Service Drug Information; or (C) The United States Pharmacopoeia Dispensing Information, Volume 1, 'Drug Information for the Health Care Professional'; or (D) Two articles from major peer reviewed medical journals that present data supporting the proposed off-label use or uses as generally safe and effective unless there is clear and convincing contradictory evidence presented in a major peer

TUESDAY, APRIL 22, 2003

3139

reviewed medical journal. (c) It shall be the responsibility of the contracting prescriber to submit to the insurer documentation supporting compliance with the requirements of subsection (b) of this Code section, if requested by the insurer. (d) Any coverage required by this Code section shall also include medically necessary services associated with the administration of a drug subject to the conditions of the contract. (e) The provisions of this Code section shall not be deemed to require coverage for any of the following:
(1) The treatment of a condition or disease that is excluded under the terms of the health benefit policy; (2) An experimental drug not approved for indication by the federal Food and Drug Administration; or (3) Drug treatment by a drug not listed on the health benefit plan formulary or preferred drug list. (f) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given health benefit policy."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative Teper of the 42nd, Post 1 moves to amend the Committee substitute to SB 96 by inserting after "exclusions;" on line 4 of page 1 the following:
"to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide 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, or after 30 years of actual service to a community service board regardless of age; to provide for employer and employee contributions;".
By redesignating Section 3 as Section 4 and inserting after line 21 of page 3 the following:
"SECTION 3. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by inserting immediately

3140

JOURNAL OF THE HOUSE

following Code Section 45-18-7.7 a new Code section to read as follows: '45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share.'"

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 Y Boggs Y Bordeaux E Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

E 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 Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

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
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 Y Smyre
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 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, APRIL 22, 2003

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 Lucas Lunsford
Y Maddox Mangham Manning
Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw Y Sheldon Y Sholar

3141
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 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 272. By Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th:
A BILL to be entitled an Act 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 regulating telemarketing to residential telephone subscribers to include telemarketing to cellular subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard

E 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 Sinkfield
Y Skipper Y Smith, B Y Smith, L

3142

JOURNAL OF THE HOUSE

Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E 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
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
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 E Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan
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 Y McClinton Y Millar Y Mills Y Mitchell

Murphy, J Y Murphy, Q
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 Y Rice
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 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. The Bill, having received the requisite constitutional majority, was passed.

Representative Greene-Johnson of the 60th, 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.

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

TUESDAY, APRIL 22, 2003

3143

systems; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Teper of the 42nd, Post 1 moves to amend SB 87 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"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 in certain circumstances; 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 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 change the definition of 'undertaking' with regard to revenue bonds; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 8 through 10 of page 1 and inserting in lieu thereof the following:
"Said title is further amended by striking division (4)(C)(iv) of Code Section 36-82-61, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' and inserting in lieu thereof a new division (4)(C)(iv) to read as follows:"
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By inserting after line 6 of page 1 the following:
"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:

3144

JOURNAL OF THE HOUSE

'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 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

TUESDAY, APRIL 22, 2003

3145

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 and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b) Any number of counties or municipal corporations or a combination of counties 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 authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations

3146

JOURNAL OF THE HOUSE

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 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

TUESDAY, APRIL 22, 2003

3147

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 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

3148

JOURNAL OF THE HOUSE

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 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

TUESDAY, APRIL 22, 2003

3149

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 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

3150

JOURNAL OF THE HOUSE

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 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

TUESDAY, APRIL 22, 2003

3151

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.
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

3152

JOURNAL OF THE HOUSE

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.'"

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
Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux E 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

E Day Y Dean Y 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
Forster Y Franklin Y Gardner
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
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James
Jamieson Jenkins Jones Y Jordan Y Joyce Keen Knox Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Manning Y Marin

Y 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
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
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
Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland

E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

Y Harper Harrell
Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Martin Y Massey Y Maxwell E McBee Y McCall
McClinton Millar Y Mills Y Mitchell

Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3153
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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 414. By Representative Jenkins of the 93rd:
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.

The following Senate amendment was read:

The Senate moves to amend HB 414 on line 3 of page 1 by inserting after the first semicolon, "to provide for continuances of cases under certain circumstances;" and at the beginning of line 13 on page 1 inserting "(a)", striking the quotation mark at the end of line 14 of page 1, and between lines 14 and 15 inserting "(b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States.'"

3154

JOURNAL OF THE HOUSE

Representative Jenkins of the 93rd moved that the House disagree to the Senate amendment to HB 414.
The motion prevailed.

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 Senate amendments were read:

Senate Amendment 1
The Senate moves to amend HB 597 by striking lines 19 through 24 on page 1 and inserting in lieu thereof the following:
"(b)(1) Until first day of the month immediately following 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 12-643. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a forester member of the board whose term shall then terminate on the first day of the month following the effective date of this Act. (2) On the first day of the month immediately following the effective date of this Act, the board shall consist of four foresters".
By striking lines 1 through 9 on page 3 and inserting in lieu thereof the following:
"'(a)(1) The Until the first day of the month immediately following 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 264-21 who shall be appointed by the Governor for a term of five years or and until their successors are appointed and qualified. On or before the first day of the month

TUESDAY, APRIL 22, 2003

3155

immediately following the effective date of this Act, the Governor shall designate the position of a pharmacist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act. (2) On and after the first day of the month immediately following the effective date of this Act, the board shall consist of six members".
By inserting "the first day of the month immediately following" after "Until" on line 22 on page 3 and by striking lines 5 through 7 on page 4 and inserting in lieu thereof the following:
"of his or her successor, except that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a certified public accountant member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 30 on page 4 and after "after" on line 3 on page 5.
By striking lines 16 through 17 on page 5 and inserting in lieu thereof the following:
"qualified, except that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an architect member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 3 on page 6 and after "after" on line 9 on page 6.
By striking lines 18 through 20 on page 6 and inserting in lieu thereof the following:
"chapter. On or before the first day of the month immediately following the effective date of this Act, the President of the Senate shall designate one of the positions of the two members of the board appointed by the President of the Senate whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 33 on page 6 and after "after" on line 9 on page 7.
By striking lines 5 through 8 on page 7 and inserting in lieu thereof the following:
"whatsoever with the practice or profession of auctioneering. On or before the first day of the month immediately following the effective date of this Act, the Governor shall

3156

JOURNAL OF THE HOUSE

designate the position of an auctioneer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 24 on page 7 and after "after" on line 34 on page 7.
By striking lines 30 through 33 on page 7 and inserting in lieu thereof the following:
"qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a barber member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By striking lines 20 through 27 on page 8 and inserting in lieu thereof the following:
"confirmation by the Senate; provided, however, that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an practicing chiropractor member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. Such members shall be of good moral character, residents of the state, and".
By inserting "the first day of the month immediately following" after "Until" on line 11 on page 9.
By striking lines 12 through 16 on page 9 and inserting in lieu thereof the following:
"Act, the board shall consist of nine members who shall be residents of this state. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a cosmetologist member of the board whose term shall then terminate on first day of the month immediately following the effective date of this Act. On and after first day of the month immediately following 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.'"
By inserting "the first day of the month immediately following" after "Until" on line 21 on page 9, after "Until" on line 30 on page 9, and after "after" on line 35 on page 9.
By striking lines 23 through 29 on page 9 and inserting in lieu thereof the following:
"commissioned by the Governor as provided in subsection (b) of this Code section. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dentist member of the board whose term shall

TUESDAY, APRIL 22, 2003

3157

then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month immediately following 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."
By inserting "the first day of the month immediately following" after "Until" on line 32 on page 10 and after "after" on line 4 on page 11.
By striking lines 11 through 14 on page 11 and substituting in lieu thereof the following:
"(4) On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dietitian member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 31 on page 11 and after "after" on line 6 on page 12.
By striking lines 2 through 5 on page 12 and inserting in lieu thereof the following:
"citizen of the United States and a resident of this state. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a professional engineer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 19 on page 12 and after "after" on line 27 on page 12.
By striking lines 23 through 26 on page 12 and inserting in lieu thereof the following:
"a recognized interest in consumer affairs and in consumer protection concerns. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a practicing funeral director and embalmer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 14 on page 14 and after "after" on line 23 on page 14.
By striking lines 19 through 22 on page 14 and inserting in lieu thereof the following:
"this title; and one of whom shall be appointed from the public at large. On or before the

3158

JOURNAL OF THE HOUSE

first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a hearing aid dispenser member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 31 on page 15 and after "after" on line 3 on page 16.
By striking line 36 on page 15 and lines 1 and 2 on page 16 and inserting in lieu thereof the following:
"are appointed and qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a registered nurse member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 2 on page 17 and after "after" on line 8 on page 17.
By striking lines 5 through 7 on page 17 and inserting in lieu thereof the following:
"On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a licensed practical nurse member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "until" on line 8 on page 18.
By striking lines 33 through 37 on page 18 and lines 1 through 3 on page 19 and inserting in lieu thereof the following:
"provided, however, that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a licensed nursing home administrator member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month following the effective date of this Act, the board shall consist of 12 members appointed as provided in this Code section with five members who shall be licensed nursing home administrators."
By striking lines 13 through 20 on page 19 and inserting in lieu thereof the following:
"confirmed by the Senate; provided, however, that, on or before the first day of the month

TUESDAY, APRIL 22, 2003

3159

immediately following the effective date of this Act, the Governor shall designate the position of a licensed occupational therapist member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month immediately following the effective date of this Act, the board shall 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".
By inserting "the first day of the month immediately following" after "Until" on line 1 on page 20 and after "after" on line 9 on page 20.
By striking lines 5 through 8 on page 20 and inserting in lieu thereof the following:
"connection whatsoever with the trade or occupation of dispensing optician. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dispensing optician member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 21 on page 20 and after "after" on line 25 on page 20.
By striking lines 22 through 24 on page 20 and inserting in lieu thereof the following:
"as provided in this Code section. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an optometrist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 6 on page 21 and after "after" on line 12 on page 21.
By striking lines 9 through 11 on page 21 and inserting in lieu thereof the following:
"qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a physical therapist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 3 on page 23 and after "after" on line 8 on page 23.
By striking lines 4 through 7 on page 23 and inserting in lieu thereof the following:

3160

JOURNAL OF THE HOUSE

"be appointed by the Governor under conditions set forth in this chapter. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a psychologist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 10 on page 24 and after "after" on line 20 on page 24.
By striking lines 17 through 19 on page 24 and inserting in lieu thereof the following:
"person representing the public. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a speech-language pathologist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 1 on page 25 and after "after" on line 21 on page 25.
By striking lines 18 through 20 on page 25 and inserting in lieu thereof the following:
"On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an independent used car dealer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 15 on page 27 and after "after" on line 20 on page 27.
By striking lines 16 through 19 on page 27 and inserting in lieu thereof the following:
"appointed for a term of five years or until his or her successor is appointed. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a veterinarian member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."

Senate Amendment 2
The Senate moves to amend HB 597 by striking lines 32 and 33 of page 3 and inserting in lieu thereof the following:

TUESDAY, APRIL 22, 2003

3161

"shall be a resident of this state. Five members of the board shall be certified public accountants, all of whom shall".
By striking lines 5, 6, and 7 of page 4 and inserting in lieu thereof the following: "of his or her successor."

Representative Powell of the 23rd moved that the House disagree to the Senate amendments to HB 597.

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
Birdsong Y Black Y Boggs Y Bordeaux E 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
Campbell E Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

E Day Y Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod
Epps N Fleming Y Floyd, H
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
Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall
Hembree Henson N Hill, C

N Hill, C.A Hill, V
N Hines Holmes
Y Houston N Howard
Howell Hudson Y Hugley E Jackson Y James Y Jamieson Jenkins N Jones Y Jordan N Joyce Keen N Knox Lane N Lewis Y Lord Lucas N Lunsford Y Maddox Mangham Y Manning Y Marin N Martin N Massey N Maxwell E 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
Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw
Sheldon Y Sholar

Y Sims N Sinkfield
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
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren Y Watson
Westmoreland N White
Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the motion, the ayes were 92, nays 48.

3162

JOURNAL OF THE HOUSE

The motion prevailed.

Representative Sinkfield of the 50th stated that she inadvertently voted "nay" on the preceding roll call. She 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.

By unanimous consent, the following Bills of the House were withdrawn from the Committee on State Planning & Community Affairs - Local and referred to the Committee on Retirement:

HB 975. By Representative Bruce of the 45th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; and for other purposes.

HB 987. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.

The following Resolutions of the House were read and adopted:
HR 848. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A RESOLUTION congratulating The Patterson Bank; and for other purposes.

TUESDAY, APRIL 22, 2003

3163

HR 849. By Representatives Thomas of the 33rd, Post 2, Randall of the 107th, Hugley of the 113th, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1 and others:
A RESOLUTION commending the Rho Zeta Omega Chapter, Alpha Kappa Alpha Sorority, Inc., on the occasion of its fifteenth anniversary celebration; and for other purposes.

HR 850. By Representatives Reece of the 21st, Mills of the 67th, Post 2, Rogers of the 20th and Amerson of the 9th:
A RESOLUTION commending Kubota Manufacturing of America; and for other purposes.

HR 851. By Representatives Birdsong of the 104th, Jenkins of the 93rd, Lucas of the 105th and Parham of the 94th:
A RESOLUTION recognizing the 105th anniversary of the Greater Jordan Chapel African Methodist Episcopal Church and commending Rev. Ronald L. Slaughter; and for other purposes.

HR 852. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION honoring and commending Major George Johnson; and for other purposes.

HR 853. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st, Jordan of the 83rd and Buckner of the 82nd:
A RESOLUTION commending Ford Motor Company on its 100th Anniversary; and for other purposes.

HR 854. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION commending Joe Sears; and for other purposes.

3164

JOURNAL OF THE HOUSE

Representative Dukes of the 136th assumed the chair.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 616. By Representative Parham of the 94th:
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.

The following Senate amendment was read:

The Senate moves to amend HB 616 by adding after the word "as" on line 2 on page 1 the following:
"to authorize a temporary drivers license for 90 days;".
By adding after the word and symbol "applicants;" on line 3 on page 1 the following:
"to provide that the department shall destroy surrendered licenses after recording the date of surrender;".
By renumbering Section 1 as Section 2, Section 2 as Section 4, Section 3 as Section 5, Section 4 as Section 6, and Section 5 as Section 7.
By adding after line 7 on page 1 a new Section 1 to read as follows:
"SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
'(e) The department shall may issue a temporary drivers permit to an applicant for a drivers license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants eligibility to receive a drivers license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall

TUESDAY, APRIL 22, 2003

3165

be invalid when the applicants license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 90 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal.'"
By striking line 9 on page 1 and inserting in its place the following:
"Said title is further".
By adding after line 14 on page 3 a new Section 3 to read as follows:
"SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-5-53, relating to surrender of a drivers license upon conviction and forwarding of a drivers license with a citation to the department, and inserting in lieu thereof the following:
'(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension or revocation of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall retain possession of any suspended drivers licenses forwarded to it under this or any other provision of law if the licenses expiration date, as shown on the drivers license, is one year or more away. The department shall return the issue a replacement drivers original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department prior to the expiration date of the original license. No additional fee shall be required for the return of such original license. The department may shall destroy a suspended license any surrendered license after recording the date of such surrender on the drivers operating record if the licenses expiration date, as shown on the license, is less than one year away.'"
By striking lines 6 and 7 of page 4 and inserting in lieu thereof the following:
"drivers history accordingly."
By striking lines 15 through 18 of page 4 and inserting in lieu thereof the following:
"motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted

3166

JOURNAL OF THE HOUSE

by the court as".
By striking the word "article" on line 21 on page 4 and inserting in its place the word "title".
By striking line 35 on page 4 and inserting in its place the following:
"This Act shall become effective on July 1, 2003, except Section 3 of this Act, which shall become effective on October 1, 2003."

Representative Parham of the 94th moved that the House disagree to the Senate amendment to HB 616.
The motion prevailed.

The Speaker assumed the Chair.

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

SB 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.

The following amendment was read:

Representatives Franklin of the 17th, Chambers of the 53rd, and Hines of the 35th move to amend SB 247 by inserting between "return;" and "to" on line 4 of page 1 the following:
"to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,

TUESDAY, APRIL 22, 2003

3167

relating to the general provisions regarding income taxes, so as to provide for donations to general fund of the state by taxpayers through voluntary contributions on each taxpayers state income tax return;"
By inserting between lines 7 and 8 of page 2 the following:
"SECTION 1A. Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding income taxes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-6 to read as follows:
'48-7-6. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2004, shall contain the following language, "I Don't Believe I Pay Enough Taxes and Volunteer to Contribute Additional Money to the State," offering the taxpayer the opportunity to contribute to the general fund of the state by either donating all or any part of any income tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of income tax owed by adding that amount to the taxpayers payment. Each taxpayer required to file a state income tax return who desires to contribute to the general fund of the state may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The commissioner shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance for deposit in the general fund of the state; provided, however, the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, such administrative costs exceed the sum of such contributions, such administrative costs which the commissioner is authorized to withhold from such contributions shall not exceed the sum of such contributions.'"

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 E Barnes
Beasley-Teague N Benfield Y Birdsong N Black
Boggs N Bordeaux E Borders

E Day N Dean N Deloach
Dix N Dodson Y Dollar Y Dooley Y Douglas N Drenner
Dukes Ehrhart Y Elrod N Epps

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

N Mobley N Moraitakis N Morris
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 Sims Sinkfield
N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T
Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R

3168
Y Bridges E Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D
Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler
Campbell E Casas Y Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper
Crawford N Cummings

JOURNAL OF THE HOUSE

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 N Greene-Johnson
Hanner Y Harbin N Harper N Harrell
Heard, J N Heard, K Y Heath N Heckstall
Hembree N Henson Y Hill, C

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

N Parrish N 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
Roberts, L N Rogers, C E Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 50, nays 95. The amendment was lost.

N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N 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

The report of the Committee, which was favorable to the 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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E Brock Y Brooks Y Broome Y Brown

E Day Y Dean Y Deloach
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

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
Jordan Y Joyce Y Keen N Knox

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 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 Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

TUESDAY, APRIL 22, 2003

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 Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

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 Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3169
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 156, nays 3. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Porter of the 119th moved that the House insist on its position in disagreeing to the Senate amendment to HB 521 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.

3170

JOURNAL OF THE HOUSE

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Mobley of the 58th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.

The following Senate substitute was read:

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; to provide that any person who with intent to defraud subscribes, makes, or concurs in making an annual or other statement required by law to be filed with the commissioner containing a false material statement commits insurance fraud; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:

TUESDAY, APRIL 22, 2003

3171

"33-1-9. (a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing:
(A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such persons own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) Any natural person who knowingly and willfully or with reckless disregard engages in the following activities, either directly or indirectly, as an agent for, as a representative of, or on behalf of an insurer not authorized to transact insurance in this state commits the crime of insurance fraud: (1) Soliciting, negotiating, procuring, or effectuating insurance or annuity contracts or renewals thereof; (2) Soliciting, negotiating, procuring, or effectuating any contract relating to benefits or services; (3) Disseminating information as to coverage or rates; (4) Forwarding applications; (5) Delivering policies or contracts; (6) Inspecting or assessing risk; (7) Fixing of rates; (8) Investigating or adjusting claims or losses; (9) Collecting or forwarding of premiums; or (10) In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. (c) Any natural person who knowingly and willfully with intent to defraud subscribes, makes, or concurs in making any annual or other statement required by law to be filed with the commissioner containing any material statement which is false commits the crime of insurance fraud. (b)(d) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the

3172

JOURNAL OF THE HOUSE

insurer or the insurers agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c)(e) A natural person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (f) Subsection (b) of this Code section shall not apply to a contract of insurance entered into in accordance with Chapter 5 of this title."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 80th moved that the House disagree to the Senate substitute to HB 598.
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 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 33 Do Pass, by Substitute

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:

TUESDAY, APRIL 22, 2003

3173

Mr. Speaker:
Your Committee on Transportation 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 256 Do Pass

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

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, APRIL 22, 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 22, 2003, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 700 HR 745 HR 760
SR 35
SR 69 SR 150 SR 171 SR 220 SR 229 SR 234

House Study Committee on Local Government Infrastructure; create House Study Committee on the Hearing Impaired; create House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; create Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses; create Designate; Dan J. DeLoach Highway; Echols County Designate; Dan and Marie Branch Highway; Meriwether County Designate; Dixie Highway Auto Trail; certain NW GA & metro Atl roads Improvement of the HOPE Scholarship Joint Study Commission; create Designate; Charles F. Hatcher Highway; Baker County Unemployment Insurance Trust Fund; Joint Study Committee; create

3174

JOURNAL OF THE HOUSE

DEBATE CALENDAR

SB 80
SB 81 SB 88
SB 113
SB 117
SB 169 SB 178 SB 182 SB 193 SB 214 SB 215 SB 221
SB 236
SB 244
SB 291 SB 292

Child support and custody issues; deprived child; juvenile court jurisdiction Ga. Emergency Medical Svs Medical Directors Advisory Council; create Public authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions Public records, meetings; disclosure; requests; exceptions to disclosure requirements Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses Firefighter Standards and Training Council; change provisions School Counselors; national certification; state salary increase Nuisance abatement liens; collection procedures; foreclosures Teachers; contracts; terminating or suspending; hearing panel GBI Forensic Sciences Div; disinter/reinter buried bodies; permits Peace Officers; training expenses; reimbursement by hiring agency State Road and Tollway Authority; limit use and disposition of toll revenues Juvenile Proceedings; placement of child following termination order; additional placement options HOPE Scholarships; part-time students; residency; change private colleges grant amount Property; historic grants funding; combat veterans' gravesites Law enforcement agencies; emergency response; vehicular pursuit policies

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 and Senate were taken up for consideration and read the third time:

HR 700. By Representatives Parrish of the 102nd, Channell of the 77th and Coleman of the 118th:

TUESDAY, APRIL 22, 2003

3175

A RESOLUTION creating the House Study Committee on Local Government Infrastructure; and for other purposes.

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

HR 745. By Representatives Smith of the 76th, Cummings of the 19th, Bridges of the 7th, Smith of the 13th, Post 2, Floyd of the 132nd and others:
A RESOLUTION creating the House Study Committee on the Hearing Impaired; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Study Committee on the Hearing Impaired; and for other purposes.
WHEREAS, Georgians who are hearing impaired deserve access to all areas of community health and social services as they confront limitations in their daily living; and
WHEREAS, adequate coordination, information, and advocacy is needed to assist families with newborns, infants, children, and adults who suffer some degree of hearing loss; and
WHEREAS, early intervention programs are needed to provide appropriate services for the child with hearing loss, including nonmedical services, and to ensure that families of the child are provided comprehensive consumer-oriented information about the full range of family support, training, information services, communication options, and educational and placements options for their child; and
WHEREAS, the various nonprofit organizations concerned with the needs of the hearing impaired and consumer groups that serve individuals and families of the hearing impaired desire opportunities to collaborate, educate the public and policy leaders, and explore opportunities to ensure that "Georgia Hears."
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Hearing Impaired to be composed

3176

JOURNAL OF THE HOUSE

of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker shall designate a member of the committee as chairperson of the committee who shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above and any other issues related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 2003. The committee shall stand abolished on December 31, 2003.

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

HR 760. By Representative Channell of the 77th:
A RESOLUTION creating the House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; and for other purposes.

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

SR 35.

By Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others:
A RESOLUTION creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.

The following Committee substitute was read and adopted:

TUESDAY, APRIL 22, 2003

3177

A RESOLUTION
Creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.
WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and
WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and
WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and
WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two

3178

JOURNAL OF THE HOUSE

members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorneys Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of Community Health.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1, 2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1, 2004.

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

TUESDAY, APRIL 22, 2003 by substitute, was agreed to.

3179

SR 69.

By Senator Blitch of the 7th:
A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.

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

SR 150. By Senator Lee of the 29th:
A RESOLUTION designating SR 41 in Meriwether County as the Dan and Marie Branch Highway; and for other purposes.

The following substitute, offered by Representatives James of the 114th, Mills of the 67th, Post 2, and Jenkins of the 93rd , was read and adopted:

A RESOLUTION
Designating certain transportation facilities; and for other purposes.
PART I
WHEREAS, Honorable Robert F. Ray, Representative, 108th District, was elected over 20 years ago in 1982 to the Georgia State House of Representatives and has served in this capacity since that time; and
WHEREAS, Robert F. Ray has spent most of his life in public service through various community and civic groups as well as having served for eight years as county commissioner and two years on the board of education in his home county of Crawford; and
WHEREAS, Robert F. Ray also served with distinction as assistant commissioner of agriculture; and
WHEREAS, Robert F. Ray has also served Peach County as a member of the Peach

3180

JOURNAL OF THE HOUSE

County Farm Bureau, the Peach County Chamber of Commerce, and the Fort Valley Kiwanis Club; and
WHEREAS, Robert F. Ray has always, through his public service and community involvement, shown support and given outstanding service to Georgia and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 247 from its interchange with I-75 and westward to its intersection with SR 49 is designated as the Robert Ray Parkway in honor of this distinguished public servant.
PART II
WHEREAS, Fred Emory Smith was a Georgia resident, graduating from Monticello High School, and in 1938, graduating from the University of Georgia, where he was a member of the Pi Kappa Phi fraternity; and
WHEREAS, he was a supervisor at the Naval Ordnance Plant in Macon during World War II and taught agriculture courses to veterans immediately following World War II; and
WHEREAS, he raised beef cows and took pride in being a farmer; and
WHEREAS, for 38 years, he was a teacher and principal in the State of Georgia, primarily in Jasper County, and was the principal of Monticello Primary School at the time of integration of schools; and
WHEREAS, in 1967, he was appointed Lieutenant Colonel, Aide de Camp, Governors Staff, by Governor Lester Maddox; and
WHEREAS, he served on the Jasper County Board of Family and Children Services from 1967 through 1969; and
WHEREAS, he was a member of the Monticello First United Methodist Church and the Methodist Mens Club, and taught youth Sunday School classes for many years; and
WHEREAS, he was a Cub Scout Master for several years in addition to working with the Boy Scouts; and
WHEREAS, he was well-loved by the citizens of Jasper County; and
WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Fred Emory Smith on September 28, 1993; and

TUESDAY, APRIL 22, 2003

3181

WHEREAS, it is only fitting and proper that his memory be honored by this state and in the community in which he lived.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the bridge over Murder Creek on State Route 16 in Jasper County is designated the Fred Emory Smith Memorial Bridge.
PART III
WHEREAS, on November 2, 2002, the State of Georgia lost one of its finest and most distinguished citizens with the tragic passing of the Honorable J. Max Davis; and
WHEREAS, he served with unparalleled ability as a member of the House of Representatives for 22 years; and
WHEREAS, this dynamic and powerful public servant faithfully represented the citizens of DeKalb County with great distinction, dedication, and ability; and
WHEREAS, his consistently thorough consideration of the issues presented to this deliberative body and his integrity and reliability rightfully earned him the honor, respect, and trust of his colleagues over the years and were recognized by the leadership of this body and properly reflected in his committee responsibilities which included serving as a member of the House Committee on Game, Fish, and Parks, the House Committee on Judiciary, and the House Committee on Rules; and
WHEREAS, in his legislative committee assignments, he consistently demonstrated a solid commitment to the careful study of sensitive issues and proposed solutions and quickly developed a reputation as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and
WHEREAS, he exhibited the level of political activism and unselfish leadership ideally expected of public trustees in an effective, representative democracy, and his stewardship in the House was marked by unmatched dignity, grace, and wisdom; and
WHEREAS, he was the ultimate conservative who remained true to his principles; and
WHEREAS, his creative leadership and his thoughtful sensitivity with respect to complex social and political matters, and especially his ability to work behind the scenes and build coalitions and consensus, received the approval and applause of his peers who held him in such high regard; and
WHEREAS, his foresight and forthright determination brought unparalleled progress and a sense of destiny to the citizens of his district and the State of Georgia and it is

3182

JOURNAL OF THE HOUSE

abundantly fitting and proper that the members of this body pay appropriate tribute to one of their finest and most distinguished colleagues.
NOW, THEREFORE, BE IT FURTHER RESOLVED that in recognition of his outstanding public service the interchange at Interstate 285 and Chamblee Dunwoody Road is designated the J. Max Davis Interchange.
PART IV
BE IT FURTHER RESOLVED that SR 41 in Meriwether County from the Coweta County line southward to the Talbot County line is hereby designated as the Dan and Marie Branch Highway.
PART V
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said transportation facilities; and the Secretary of the Senate shall transmit an appropriate copy of this resolution to the Department of Transportation.

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

SR 171. By Senators Clay of the 37th, Collins of the 6th and Tanksley of the 32nd:
A RESOLUTION designating the historic Dixie Highway Auto Trail; and for other purposes.

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

SR 220. By Senators Hamrick of the 30th, Hill of the 4th and Johnson of the 1st:
A RESOLUTION creating the Improvement of the HOPE Scholarship Joint Study Commission; and for other purposes.

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

TUESDAY, APRIL 22, 2003

3183

SR 229. By Senators Meyer von Bremen of the 12th and Golden of the 8th:
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.

SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.

The following substitute, offered by Representative Smith of the 13th, Post 2 et al., was read and adopted:

A RESOLUTION
Creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, it is among the purposes of the laws of this state which require the setting aside of employment reserves to be used for the benefit of persons unemployed through no fault of their own to promote the public good and general welfare by the systematic accumulation of funds during periods of employment thus maintaining purchasing power and limiting serious social consequences; and
WHEREAS, there is a need to review such laws to determine whether any reform, revision, or modernization of such laws is necessary and appropriate under current economic conditions so as to improve the accessibility and effectiveness of this states unemployment insurance program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Unemployment Insurance Trust Fund Joint Study Committee to be composed of 13 members as follows: three members of the House of Representatives appointed by the Speaker of the House of Representatives; three members of the Senate appointed by the Senate Committee on Assignments; three members of the general public appointed by the Governor; three members of the general

3184

JOURNAL OF THE HOUSE

public appointed by the Commissioner of Labor; and the Commissioner of Labor as an ex officio member. The Speaker and the Senate Committee on Assignments shall each designate one of such members as cochairperson. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2003. The committee shall stand abolished on December 31, 2003.

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

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:

TUESDAY, APRIL 22, 2003

3185

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

E 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
Forster E Franklin Y Gardner
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 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
Jordan Joyce Y Keen 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 McCall Y McClinton Y 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 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 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
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 adoption of the Resolutions, the ayes were 151, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

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

3186

JOURNAL OF THE HOUSE related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile 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 change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking subsection (c) of Code Section 15-1128, relating to jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(c) Concurrent custody Custody and support jurisdiction. (1) Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. (2)(A) In any case where a child is alleged to be a deprived child as defined in paragraph (8) of Code Section 15-11-2, the juvenile court upon a finding of deprivation shall have jurisdiction to order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the juvenile court shall apply the child support guidelines provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction setting child support for the child, the juvenile court may order the child support obligor in the existing order to make such payments instead to the caretaker of the child on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile courts order shall be filed in the clerks office of the court that entered the existing order. The juvenile court shall have jurisdiction to order temporary child support for the child to be paid by any other person determined to be legally obligated to support such child. (B) Temporary child support orders entered pursuant to subparagraph (A) of this paragraph shall be enforceable by the juvenile court through the contempt powers of

TUESDAY, APRIL 22, 2003

3187

the juvenile court as provided in Code Section 15-11-5 so long as the juvenile court is entitled to exercise jurisdiction over the deprivation case."
SECTION 2. Said article is further amended by striking subsection (b) of Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and child support questions from superior court, and inserting in lieu thereof the following:
"(b) Courts of record Other courts, in handling divorce, alimony, or habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the determination of custody, support, or custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court."
SECTION 3. Said article is further amended by inserting a new Code section to follow Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, to read as follows:
"15-11-58.1. (a) Except as otherwise provided by law, an order of disposition in a proceeding involving deprivation, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition of a child adjudicated as deprived or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) Unless otherwise provided by law, when a child adjudicated as deprived reaches 18 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."

3188

JOURNAL OF THE HOUSE

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach Y 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 E 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 Hill, C.A Y Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson
Jenkins Y Jones
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 E 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 Y 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 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 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 0. The Bill, having received the requisite constitutional majority, was passed, by

substitute.

TUESDAY, APRIL 22, 2003

3189

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.

SB 291. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 Day Dean
Y Deloach Y Dix Y Dodson
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 E Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

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
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning

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 Sims 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 Y Walker, R.L Y Warren Y Watson

3190
Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harbin Harper
Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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

SB 236. By Senators Stephens of the 51st, Lee of the 29th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; 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 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (5) of Code Section 15-11-2, relating to

TUESDAY, APRIL 22, 2003

3191

definitions, and inserting in its place the following: "(5) 'Custodian' means: (A) A person a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 1511-13.; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by order of a court."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-55, relating to disposition of deprived child, and inserting in its place the following:
"(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or. Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the results of such search documented in writing and filed with the court at the time of the first review. During such 90 day period, the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person; or"

3192

JOURNAL OF THE HOUSE

SECTION 3. Said chapter is further amended by striking subsections (b), (d), (i), (k), (l), and (o) of Code Section 15-11-58, relating to reunification efforts, and inserting in their place new subsections (b), (d), (i), (k), (l), and (o), respectively, to read as follows:
"(b) Within 30 days of the date a child who is placed in the custody of the Department of Human Resources is removed from the home and at each subsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court for consideration to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available." "(d) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of considered by the court without a hearing unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved plan that involve the permanency goal and the services to be provided to the child. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection."
"(i)(1) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the childs eighteenth birthday unless modified following a

TUESDAY, APRIL 22, 2003

3193

petition for modification by a party pursuant to Code Section 15-11-40. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address. If the court has entered an order finding that reasonable efforts to reunify a child with his or her family would be detrimental to the child in accordance with subsection (h) of this Code section and if the court finds that referral for termination of parental rights and adoption is not in the best interest of the child, the court may, upon proper petition, enter a custody order which shall remain in effect until the childs eighteenth birthday:
(A) Placing the child in the custody of a relative of the child if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) Placing the child in the custody of any nonrelative individual who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (C) Placing the child in the custody of a suitable individual custodian in another state pursuant to the provisions of Code Section 15-11-89; or (D) In the case where the court has found a compelling reason that a placement pursuant to subparagraph (A), (B), or (C) of this paragraph is not in the childs best interest, placing the child in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the courts order. Such order may be modified following a petition for modification by a party or upon motion of the court pursuant to Code Section 15-11-40. (2) A probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the custodian to whom custody of a child has been given pursuant to this Code section continues to be qualified to receive and care for the child within: (A) Thirty-six months of an order placing a child in the custody of a relative pursuant to subparagraph (A) of paragraph (1) of this subsection and every 36 months thereafter; or (B) Twelve months of an order placing a child in the custody of a nonrelative, an out-of-state custodian, or an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to subparagraph (B), (C), or (D) of paragraph (1) of this subsection and every 12 months thereafter. (3) Whenever a child is placed in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to

3194

JOURNAL OF THE HOUSE

subparagraph (D) of paragraph (1) of this subsection, such agency or organization shall be charged with the responsibility of notifying the court within ten days in the event its license is placed on probation, suspended, revoked, or surrendered and, in such event, the court shall conduct a judicial review within ten days of such notification to determine whether another placement should be made for the child." "(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this Code section, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the childs placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such divisions proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child. Following such initial review, additional periodic reviews shall be held at sixmonth intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or

TUESDAY, APRIL 22, 2003

3195

relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection. (l) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection. The judges supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions; (2) That the child continue in the current custodial placement and that the current placement is appropriate for the childs needs; or (3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the childs needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child. In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced." "(o)(1) With respect to each child in the custody of the Department of Human Resources, a permanency hearing shall be held no later than 30 days after the Division of Family and Children Services of the Department of Human Resources has

3196

JOURNAL OF THE HOUSE

submitted a written report to the court which does not contain a plan for reunification services as provided in subsection (j) of this Code section, or no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter, a permanency hearing shall be held not less frequently than every 12 months during the time the child continues in the custody of the Department of Human Resources. A permanency hearing may be held by the court at the time of the hearing on a motion to extend custody permitted by subsection (n) of this Code section. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (1)(2) At the time of the permanency hearing, the Division of Family and Children Services of the Department of Human Resources shall submit for the courts consideration a report recommending a permanency plan for the child which shall include whether and, if applicable, when the child shall be returned to the parent or parents; referred for termination of parental rights and adoption; referred for legal guardianship; placed permanently with a fit and willing relative; or, in the case where the division has provided a compelling reason that one none of the foregoing options would not be in the best interest of the child, placed in another planned permanent living arrangement. The report shall include documentation of the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to finalize the permanent placement of the child. When the permanency plan recommended is referral for termination of parental rights and adoption, such report shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (2)(3) The permanency hearing may be conducted as the court directs by the juvenile court judge or by an associate juvenile court judge or judge pro tempore. The court may also direct that the permanency hearing be conducted by a judicial citizen review panel established by the court in the manner provided in subsection (k) of this Code section, unless the permanency hearing is one required under subsection (j) of this Code section as a result of a recommendation that reunification services are not appropriate. The judicial citizen review panel may conduct its hearing in the same manner as it conducts a case review under subsection (k) of this Code section. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph.
(A) In the event that the permanency hearing is conducted by a judicial citizen review panel, the The panel shall transmit its report, including its findings and recommendations and those of the Division of Family and Children Services, to the court and the parties within five days after such hearing. The report of the judicial citizen review panel shall include all the elements required in paragraphs (4) (5) and

TUESDAY, APRIL 22, 2003

3197

(5) (6) of this subsection. Any party may request a hearing on the proposed permanency plan by submitting a request in writing within five days of receiving a copy of such plan. If a hearing is not requested, the court shall review the proposed permanency plan and enter a supplemental order incorporating all elements required by paragraphs (4) (5) and (5) (6) of this subsection that the court finds essential in the proposed permanency plan. In the event a hearing before the court is requested on the report transmitted by the judicial citizen review panel, the court shall, after hearing evidence, enter a supplemental order incorporating all the elements required in paragraphs (4) (5) and (5) (6) of this subsection. (B) If a permanency hearing is held before the court, the court shall, after hearing evidence, enter a supplemental order incorporating all elements of the proposed permanency plan required by paragraphs (4) (5) and (5) (6) of this subsection that the court finds essential in the proposed permanency plan. (3)(4) The parents, the custodian of the child, the foster parents of the child, any preadoptive parent or relative providing care for the child, and other parties shall be given written notice of a permanency hearing at least five days in advance and shall be advised that the permanency plan recommended by the Division of Family and Children Services of the Department of Human Resources will be submitted to become an order of the court for consideration to become an order of the court. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the childs placement, and to any determination affecting visitation privileges of parents. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. In addition, the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall receive written notice of the permanency hearing at least five days in advance and shall be given an opportunity to be heard; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. (4)(5) The permanency plan incorporated in the courts order shall include whether and, if applicable, when the child shall be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative. If the court finds that there is a compelling reason that it would not be in the childs best interests to be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative, then the courts order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement as defined in the courts order. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph.

3198

JOURNAL OF THE HOUSE

(5)(6) The court or judicial citizen review panel which conducts the permanency hearing shall determine, as a finding of fact, whether the Division of Family and Children Services of the Department of Human Resources has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. Further, the court or the judicial citizen review panel, if applicable, shall determine as a finding of fact whether, in the case of a child placed out of the state, the out-of-state placement continues to be appropriate and in the best interest of the child and, in the case of a child who has attained the age of 14, shall determine the services needed to assist the child to make a transition from foster care to independent living. Such findings of fact shall be made a part of the report of the judicial citizen review panel to the court and any supplemental order entered by the court. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (6)(7) A supplemental order of the court adopting the permanency plan must be entered within 30 days after the court has determined that reunification efforts will not be made by the Division of Family and Children Services of the Department of Human Resources, if applicable, or within 12 months after the child is considered to have entered foster care, whichever is first, and at least every 12 months thereafter while the child is in foster care, unless the court finds good cause why such order cannot be entered by that time."
SECTION 4. Said chapter is further amended by adding a new subsection (p) to Code Section 15-1158, relating to reunification efforts, to read as follows:
"(p) In advance of each review or hearing to be held with respect to a child pursuant to this Code section, the court shall provide written notice or shall direct that a party shall provide written notice of such review or hearing, including their right to be heard at such review or hearing, to the custodian of the child, to the foster parents of the child, and to any preadoptive parents or relatives providing care for the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a custodian, foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. At each such hearing the court in its discretion, based upon the evidence, may enter an order accepting or rejecting any report of the Division of Family and Children Services of the Department of Human Resources, ordering an additional evaluation, appointing a guardian ad litem, or undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the childs best interest. The courts order may incorporate all or part of the report of the Division of Family and Children Services of the Department of Human Resources. In its order the court shall include findings of fact which reflect the courts consideration of the oral and written testimony offered by the parents, the custodian of the child, the foster parents of the child, any preadoptive parents or relatives providing care for the child

TUESDAY, APRIL 22, 2003

3199

who are required to be provided with notice and a right to be heard in any review or hearing to be held with respect to the child, and the Division of Family and Children Services of the Department of Human Resources. A disposition may be made under the terms of this Code section only if the court finds that such disposition is in the best interest of the child."
SECTION 5. Said chapter is further amended by striking Code Section 15-11-103, relating to placement of child following termination order, and inserting in its place a new Code Section 15-11-103 to read as follows:
"15-11-103. (a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the childs extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions:commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or, if the court determines such placement is the most appropriate for and in the best interest of the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the courts authority under Code Section 15-11-30.1, if the court determines such placement is the most appropriate for and in the best interest of the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is the most appropriate for and in the best interest of the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is

3200

JOURNAL OF THE HOUSE

operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the courts order, if the court determines that such placement is the most appropriate for and in the best interest of the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child. (b) A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. (b)(c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order. (c)(d) The custodian has authority to consent to the adoption of the child, the childs marriage, the childs enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (d)(e) If Except in those cases where the child was placed pursuant to paragraph (3) or (5) of subsection (a) of this Code section, if a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where the child was placed with a guardian of the childs person pursuant to paragraph (3) of subsection (a) of this Code section, the guardian shall report to the court in the same manner and at the same frequency as is required for guardians of the person of minors appointed by the judge of the probate court. In those cases where the child was placed pursuant to paragraph (5) of subsection (a) of this Code section, the court shall, at least yearly thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the childs best interests."
SECTION 6. This Act shall become effective on July 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

TUESDAY, APRIL 22, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y 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 Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A 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
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 E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
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 Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3201
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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

3202

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to government meetings 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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-14-3, relating to government meetings that are not required to be open to the public, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph."
SECTION 2. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to exceptions from the requirements of disclosure of public records, by striking "or" at the end of paragraph (13.1), by striking the period at the end of paragraph (14) and inserting "; or" in lieu thereof, and by adding a new paragraph to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or in part upon a lack of general public knowledge of

TUESDAY, APRIL 22, 2003

3203

its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property. (C) As used in divisions (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, officer allocations, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Martin of the 37th moves to amend the Committee substitute to SB 113 by inserting in line 4 of page 1 after "records;" the following:
"to add certain exceptions from disclosure requirements;".
By striking lines 20 and 21 of page 1 and inserting in lieu thereof the following:
"of paragraph (13.1), by striking the period at the end of paragraph (14) and inserting in lieu thereof a semicolon, and by adding new paragraphs to read as follows:".
By striking line 24 of page 2 and inserting in lieu thereof the following:

3204

JOURNAL OF THE HOUSE

"to requesting and receiving the National Pharmacy Stockpile; or (16) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted.'"

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

E Day N Dean Y Deloach N Dix Y Dodson Y Dollar N Dooley Y Douglas
Drenner Dukes Y Ehrhart Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster E 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 E Jackson N James N Jamieson
Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin
Martin E Massey Y Maxwell E McBee Y McCall N McClinton Y Millar Y Mills N Mitchell

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

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P
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 Y 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 N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 79, nays 79. The amendment was lost.

TUESDAY, APRIL 22, 2003

3205

Representative Martin of the 37th moved that the House reconsider its action in failing to adopt the Martin 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 E Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux E Borders Y Bridges E Brock N Brooks
Broome Y Brown N Bruce N Buck N Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach N Dix Y Dodson Y Dollar N 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 E 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 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 Y Hudson N Hugley E Jackson N James N Jamieson
Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox
Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell E McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

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

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y 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 Y 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
White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates
Coleman, Speaker

On the motion, the ayes were 92, nays 70. The motion prevailed.

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

3206

JOURNAL OF THE HOUSE

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

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

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

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y 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 Y 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 N Yates
Coleman, Speaker

On the re-adoption of the Martin amendment, the ayes were 83, nays 81. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

TUESDAY, APRIL 22, 2003

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 E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E 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 E 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 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 E 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 E Massey Y Maxwell E 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 E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3207
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
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

3208

JOURNAL OF THE HOUSE
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.

The report of the Committee, which was favorable to the 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 E Barnes
Beasley-Teague Y Benfield
Birdsong Black Y Boggs Y Bordeaux E Borders Y Bridges E Brock Y Brooks Y Broome Y Brown Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart
Elrod Y Epps
Fleming Floyd, H Floyd, J Y Fludd Y Forster E 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 Hill, C

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

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
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 Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N 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 Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

TUESDAY, APRIL 22, 2003 On the passage of the Bill, the ayes were 145, nays 4. The Bill, having received the requisite constitutional majority, was passed.

3209

Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the commissioner of transportation shall have the authority to appoint and employ investigators; to provide for powers of such investigators; 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 provision regarding the commencement date for such balancing; 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, for the construction, maintenance, or improvement of transportation projects physically or operationally connected with and bearing the same state highway route number as such project, or for use on other toll facilities; 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:

3210

JOURNAL OF THE HOUSE

SECTION 1. Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers of the Department of Transportation, is amended by striking subsection (b) of Code Section 32-2-41, relating to powers, duties, and authority of the commissioner, and inserting in its place the following:
"(b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized:
(A) To investigate crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws of this state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws of this state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (3) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel."
SECTION 2. Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, is amended by striking subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal funds, and inserting in its

TUESDAY, APRIL 22, 2003

3211

place the following: "(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999 July 1, 2003, and quinquennially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period."
SECTION 3. 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, is amended by striking in its entirety Code Section 32-10-65 and inserting in its place the following:
"32-10-65. The authority is authorized to fix, revise, charge, and collect tolls for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of bondholders; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any. No tolls collected in excess of the requirements under subsection (a) of Code Section 3210-64 shall be used for any purpose other than for the construction, maintenance, or improvement of the project from which such tolls are collected, for the construction, maintenance, or improvement of any project physically or operationally connected with and bearing the same state highway system route number as such toll project, or for use on other toll facilities of the state to include debt service for revenue bonds bearing the authoritys name."
SECTION 4. This Act shall become effective on July 1, 2003.

3212

JOURNAL OF THE HOUSE

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 Anderson
Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E 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 E 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 E Jackson Y James Y Jamieson E 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 E Massey Y Maxwell E McBee Y McCall
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
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
Smith, T Y Smith, V Y Smyre
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 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.

TUESDAY, APRIL 22, 2003

3213

SB 215. By Senators Harp of the 16th, Fort of the 39th, Thomas of the 2nd, Thomas of the 54th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change provisions relating to reimbursement by a governmental unit that employs a peace officer within a certain period of time after such peace officer has completed training while employed by another governmental unit; to provide that the reimbursement requirement shall apply only to governmental units and not to peace officers; to require certain acknowledgment by the peace officer of such requirement as a condition to demanding reimbursement; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 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 E Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson
James Y Jamieson Y Jenkins
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 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

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
Teper Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson

3214
Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin E Massey Y Maxwell E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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.

Representative Teper of the 42nd, 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.

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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to change a definition; 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.

TUESDAY, APRIL 22, 2003

3215

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by striking paragraph (13) of Code Section 45-16-21, relating to definitions, and inserting in lieu thereof the following:
"(13) 'Regional medical examiner' means a medical examiner who is employed by the Georgia Bureau of Investigation and who is a pathologist certified in forensic pathology by the American Board of Pathology appointed by the chief medical examiner pursuant to Code Section 35-3-153."
SECTION 2. Said article is further amended by striking Code Section 45-16-45, relating to authority of coroners and medical examiners to disinter bodies, and inserting in lieu thereof the following:
"45-16-45. (a) In order to implement this article, coroners and the chief medical examiner are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Prior to the disinterment of a body, the chief medical examiner shall notify the coroner of the county, if any, in which the body is located. (b) Medical examiners, other than local County medical examiners, and district attorneys may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any a county medical examiner other than a local medical examiner. (c) Upon the issuance of an order under subsection (a) or (b) of this Code section, the county board of health shall issue all necessary permits to disinter and reinter the body. (d) Whenever any coroner, chief medical examiner, county medical examiner, or district attorney disinters any body, he or she shall provide written notice to the living spouse, parents, and children of the person whose remains are to be disinterred of the time the disinterment is scheduled to occur unless such person is unknown or under criminal investigation in connection with disinterment."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Hill of the 81st and Jenkins of

3216

JOURNAL OF THE HOUSE

the 93rd, was read and adopted:

A BILL
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to change a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by striking paragraph (13) of Code Section 45-16-21, relating to definitions, and inserting in lieu thereof the following:
"(13) 'Regional medical examiner' means a medical examiner who is employed by the Georgia Bureau of Investigation and who is a pathologist certified in forensic pathology by the American Board of Pathology appointed by the chief medical examiner pursuant to Code Section 35-3-153."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y 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 E 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 Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

Y Epps 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 Y Harrell Y 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell E McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

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
Shaw Y Sheldon Y Sholar

3217
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, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to

3218

JOURNAL OF THE HOUSE

sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriffs oath of office; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by inserting a new Code section to be designated Code Section 15-16-4.1 to read as follows:
"15-16-4.1. Without limiting the generality of the oath set out in Code Section 15-16-4, it shall be a violation of a sheriffs oath of office for any sheriff to engage either directly or indirectly in a private security, private investigation, bail bonding, or wrecker towing business in the county in which the sheriff has jurisdiction. As used in this Code section, 'engaging indirectly' in such a business shall include the engagement in a prohibited business by the spouse or an unemancipated child of a sheriff."
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 E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E Brock Y Brooks Y Broome Y Brown Y Bruce

E 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 Fludd Y Forster E Franklin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
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 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 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 Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell E McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3219
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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following substitute, offered by Representative Orrock of the 51st et al., was read:

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; to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to repeal conflicting laws; and for other purposes.

3220

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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," is amended by adding two new Code Sections 20-2-212.4 and 202-212.5 to read as follows:
"20-2-212.4. (a) As used in this Code section, 'national certification' means certification as a National Certified School Counselor obtained from the National Board for Certified Counselors. (b) Any person who:
(1) Is currently a school counselor in a Georgia public school and holds a valid Georgia professional certificate in school counseling; (2) Has not previously received state funds for participating in any certification area in the national certification program; and (3) Has successfully completed the requirements for and has received national certification shall receive not less than a 10 percent rate increase annually in state salary for each year such person holds national certification. Such increase shall be awarded on the commencement of the school year following such national certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) A school counselor shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The national certification program participation fee shall be reimbursed by the state upon certification for any school counselor who is eligible for an increase pursuant to subsection (a) of this Code section. (e) A school counselor for whom the State of Georgia pays the participation fee and who does not counsel in a Georgia public school for at least one year after receiving national certification shall repay the participation fee to the state. Repayment is not required if the school counselor is unable to complete the additional year of school counseling due to the death or disability of the school counselor.
20-2-212.5. (a) As used in this Code section, 'national certification' means certification as a Certified School Social Worker Specialist by the National Association of Social Workers. (b) Any person who:
(1) Is currently a school social worker in a Georgia public school and holds a valid Georgia professional service certificate in school social work; (2) Has completed three consecutive years of employment as a school social worker in Georgia public schools;

TUESDAY, APRIL 22, 2003

3221

(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 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 following amendment was read:

Representative Joyce of the 2nd moves to amend the Floor substitute to SB 178 as follows:
Strike Page 1, Line 23 to 24, beginning at "annually" and ending at "holds" and replace with "in state salary the year such person gains".
Strike beginning Page 2, line 25 through line 30 and replace with "shall receive not less than a 10 percent increase in state salary the year such person gains national certification. Such increase shall be awarded at the commencement of the school year following such national certification. The 10 percent increase shall be computed based on the state salary for such individual for the school year when the increase is awarded. The increase in state salary provided".

3222

JOURNAL OF THE HOUSE

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

N Amerson N Anderson N Ashe Y Bannister N Barnard E Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux E Borders Y Bridges E 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 E Casas N Chambers N Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

Y Day N Dean N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
Ehrhart Y Elrod
Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster E Franklin N Gardner Y 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 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 E Jackson N James N Jamieson N Jenkins N Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin E Massey Y Maxwell E McBee N McCall
McClinton N Millar Y Mills N Mitchell

N Mobley 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 Y Rogers, C E Rogers, Ch. N Royal N Rynders N Sailor Y Scott Y Shaw Y Sheldon N Sholar

N Sims N Sinkfield N Skipper Y 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
Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson
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 103. The amendment was lost.

The Floor substitute was adopted.

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

TUESDAY, APRIL 22, 2003

3223

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 E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister N Butler Y Campbell E Casas Y 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 N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H N Floyd, J Y Fludd N Forster E 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 N Heath Y Heckstall Y Hembree Y Henson N Hill, C

N 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 N Joyce N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin E Massey N Maxwell E McBee Y McCall Y McClinton Y 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 Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L N Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor N Scott N Shaw Y Sheldon Y Sholar

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
Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 32.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

3224

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read:

A BILL
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 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; to change provisions relating to judicial in rem tax foreclosures; to change certain provisions relating to minimum bids at foreclosure sales; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, is amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereof the following:
"41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes

TUESDAY, APRIL 22, 2003

3225

provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Interested party' means:
(A) Owner; (B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession of said property and premises. (6)(7) 'Municipality' means any incorporated city within this state. (7)(8) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (8) 'Parties in interest' means: (A) Persons in possession of said property and premises; (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title

3226

JOURNAL OF THE HOUSE

standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a property tax return with the governing authority as to the subject property, building, or structure. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (10) 'Public officer' means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (11) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."
SECTION 2. Said chapter is further amended in Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances;

TUESDAY, APRIL 22, 2003

3227

(2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officers investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in interested parties for such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest interested parties that a hearing will be held before a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (4) That if, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest interested parties that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the

3228

JOURNAL OF THE HOUSE

dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factor in the courts determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction; (5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to Code Section 41-213 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words: 'This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged

TUESDAY, APRIL 22, 2003

3229

materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner or municipal tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(1) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) (c) of Code Section 41-212. The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. (2) Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with this chapter shall transmit to the appropriate county tax commissioner or municipal tax collector or city revenue officer a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the appropriate county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with Code Section 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose ordinance lien is being collected enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and

3230

JOURNAL OF THE HOUSE

retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (3) Enforcement of liens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to Code Section 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter. (4) The redemption amount in any enforcement proceeding pursuant to this Code section shall be the full amount of the costs as finally determined in accordance with this Code section together with interest, penalties, and costs incurred by the governing authority, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of Code Sections 48-4-80 and 48-4-81."
SECTION 3. Said chapter is further amended by striking Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, in its entirety and inserting in lieu thereof the following:
"41-2-12. (a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways: (1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected;
(2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any owner or party in interest is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. At least 14 days prior to the

TUESDAY, APRIL 22, 2003

3231

date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (c)(b) For interested parties Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or is a nonresident of this state, he or she shall be served as provided for in subsection (c) of this Code section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person. (e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection (c) of this Code section, and such publication shall be sufficient proof that service was perfected. (g)(c) A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (h)(d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have

3232

JOURNAL OF THE HOUSE

waived all further notice in the proceedings."
SECTION 4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-45, relating to notice of foreclosure of right to redeem, by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) To be served in accordance with the requirements of Code Section 9-11-4 upon all of the following persons who reside in the county in which the property is located:
(A) The defendant in the execution under or by virtue of which the sale was held; (B) The occupant, if any, of the property; and (C) All persons having of record in the county in which the land is located any right, title, or interest in, or lien upon the property;"
SECTION 5. Said chapter is further amended in Code Section 48-4-46, relating to the form of a notice of foreclosure of the right to redeem, service, time, return and record, and waiver, by inserting a new subsection to be designated subsection (f) to read as follows:
"(f) Within 30 days after the date of service of the last person to be served in accordance with subsection (a) of Code Section 48-4-45, the purchaser at the sale or such purchasers heirs, successors, or assigns shall file for recording in the deed records in each county in which the property is located an affidavit which shall state:
(A) The names and addresses of the persons served with the notice of foreclosure of right to redeem; and (B) The method of service of each person served with the notice of foreclosure of right to redeem. Such affidavit shall include as an attachment a photocopy of the return of service for each person served personally, a copy of the certified mail receipt or envelope marked undeliverable in the case of each notice served by certified mail, and a copy of the newspaper advertisement, if applicable."
SECTION 6. Said chapter is further amended in Code Section 48-4-76, relating to judicial in rem tax foreclosures, by adding a new subsection (d) to read as follows:
"(d) The enforcement proceedings authorized by this article may be initiated by a county, by a municipality, by one acting on behalf of the other pursuant to contract, or by joint action in a single proceeding."
SECTION 7. Said chapter is further amended in Code Section 48-4-78, relating to identification of tax delinquent properties and commencement of tax foreclosure, by striking subsection (a) and inserting in lieu thereof the following:
"(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or

TUESDAY, APRIL 22, 2003

3233

other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. Once enforcement proceedings have commenced in accordance with the provisions of this article, the enforcement proceedings may be amended to include any and all ad valorem taxes which become delinquent subsequent to the date of the initial ad valorem tax lien that was the original basis for the enforcement proceedings."
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 48-4-81, relating to minimum bids at foreclosure sales, and inserting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the petitioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale. For purposes of determining the minimum bid price at a sale, the minimum bid price shall be the redemption amount less any portions thereof attributable to a lien imposed pursuant to paragraph (7) of subsection (a) of Code Section 41-2-9. Redemption by an owner in accordance with subsection (c) of this Code section shall require payment of the redemption amount including the amount attributable to a lien imposed pursuant to paragraph (7) of subsection (a) of Code Section 41-2-9."
SECTION 9. This Act shall become effective on July 1, 2003.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dean of the 49th et al. move to amend the Committee substitute to SB 182 by inserting between "liens;" and "to" on line 4 of page 1 the following:
"to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to make it unlawful to sell such tax executions;"
By inserting between "41;" and "to" on line 10 of page 1 the following:

3234

JOURNAL OF THE HOUSE

"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;"
By inserting after line 37 of page 9 the following:
"SECTION 3.1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place the following:
'48-3-19. Reserved. No officer whose duty it is to enforce an execution issued for state, county, or municipal property taxes shall be required to make any individual transfers or transfers in lot blocks of such execution or executions, and the sale or transfer of such execution or executions by such officer shall be considered unlawful.'"
By inserting between lines 28 and 29 of page 11 the following:
"SECTION 8.1. Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:
'9-13-36. (a) Except as otherwise provided in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any current or future law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such persons residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) Subsection (a) of this Code section shall not apply with respect to any execution issued for state, county, or municipal taxes or any execution issued by any tax commissioner, tax receiver, or tax collector.'"

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

TUESDAY, APRIL 22, 2003

Y Amerson Y Anderson Y Ashe Y Bannister N Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux E Borders N Bridges E Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell E 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 Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H Y Floyd, J Y Fludd N Forster E Franklin Y 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 Y Henson N Hill, C

Y Hill, C.A Hill, V
Y 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 N Joyce N Keen
Knox Y Lane N Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin N Martin
Massey N Maxwell E McBee N 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
Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B N Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott N Shaw N Sheldon Y Sholar

3235
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
Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L N 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 N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 117, nays 45. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

3236

JOURNAL OF THE HOUSE

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

Y Day Y Dean Y Deloach N Dix Y Dodson Y 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 N Forster E Franklin Y Gardner N Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner N 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 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 N Joyce N Keen
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 E 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
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 Y Rogers, C E Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw N 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 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 151, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 244. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., 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

TUESDAY, APRIL 22, 2003

3237

equalization grants; to remove a restriction on tuition equalization grants for summer school; to provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to remove a restriction on tuition equalization grants for summer school; to provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking Code Section 20-3-412, relating to entitlements to grants as specified in appropriations Acts and restrictions on grants, and inserting in lieu thereof the following:
"20-3-412. Each eligible student is entitled to a tuition equalization grant each academic year, as specified in appropriations Acts of the General Assembly. No grant shall be made to a student for study during the period of any summer school quarter or semester unless specifically authorized in appropriations Acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. In no event shall an eligible student receive a tuition equalization grant for more than 127 semester hours or 190 quarter hours of his or her undergraduate program. No grant shall be made to any student not enrolled as a full-time student."
SECTION 2. This Act shall become effective on January 1, 2004.

3238

JOURNAL OF THE HOUSE

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Douglas of the 73rd moves to amend the Committee substitute to SB 244 by inserting between "grant;" and "to" on line 4 of page 1 the following:
"to provide for an exception to the requirement for registration with the United States Selective Service System in order to be eligible for HOPE scholarships and grants;"
By inserting between lines 23 and 24 of page 1 the following:
"SECTION 1.1. Said chapter is further amended in Code Section 20-3-519.1, relating to ineligibility for scholarships or grants, by striking paragraph (2) and inserting in lieu thereof the following:
'(2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; provided, however, that this paragraph shall not apply to a person who has served on active duty with United States military forces, whether as a member of the United States armed forces, a reservist, or a member of the National Guard;'"

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 E Barnes Y Beasley-Teague Y Benfield
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 Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E 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

Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

Y Ehrhart Y Elrod Y Epps 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
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
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 Y McClinton
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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3239
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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Massey of the 24th and Rynders of the 137th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

3240

JOURNAL OF THE HOUSE

The following Committee amendment was read and adopted:

The Committee on Health and Human Services moves to amend SB 81 by striking line 5 of page 2 and inserting in its place the following:
"Georgia College of Emergency Physicians; one member of the".

The following amendments were read and adopted:

Representative Sims of the 130th amend SB 81 by striking line 1 of page 2 and inserting in lieu thereof the following:
"(b)(1) The following councilmembers shall be appointed by the commissioner: one member from the".
By striking lines 6 and 7 of page 2 and inserting in lieu thereof the following:
"Georgia Chapter of the American Academy of Pediatrics; and one member from each of the states emergency medical services regions;
(2) Two councilmembers shall be appointed by the Speaker of the House of Representatives; and (3) Two councilmembers shall be appointed by the President of the Senate."

Representatives Purcell of the 122nd et al. move to amend SB 81 by inserting on line 1 of page 2 after the word "councilmembers" the following:
"shall be licensed physicians and".

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
Bannister Y Barnard E Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

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

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

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

TUESDAY, APRIL 22, 2003

Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E 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
Ehrhart Y Elrod Y Epps Y Fleming
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
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell E 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 E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3241
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 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, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

3242

JOURNAL OF THE HOUSE

Representative Buck of the 112th moves to amend SB 292 by adding after the word "To" on line 1 of page 1 the following:
"provide for enhanced safety rules in public safety operations; to".
By inserting after the first semicolon on line 4 of page 1 the following:
"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; to provide for a penalty;"
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by inserting a new Code section to be designated Code Section 40-6-16 to read as follows:
'40-6-16. (a) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: (1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of $500.00.'"

TUESDAY, APRIL 22, 2003

3243

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 E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E 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 N 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 E Franklin Y Gardner N 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 N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell E 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 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
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 Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y 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 156, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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:

3244

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read:

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to notification that an organization meets requirements and issuance of certificate of compliance; 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 and its establishment, organization, advisory committee, expenses, and allowances; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to change certain provisions relating to a basic firefighter training course and transfer of certification; to change certain provisions relating to mandatory annual training; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-3-22, relating to notification that an organization meets requirements and issuance of certificate of compliance, and inserting in lieu thereof the following:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-323 and the rules and regulations of the Georgia Firefighter Standards and Training

TUESDAY, APRIL 22, 2003

3245

Council to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall issue a recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department and. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."
SECTION 2. Said title is further amended by striking Code Section 25-3-23, relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments, and inserting in lieu thereof the following:
"25-3-23. (a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201 to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, seven days a week 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy fulltime, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:
(A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 750 GPM at 120 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in

3246

JOURNAL OF THE HOUSE

Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before July 1, 1984, shall be exempt from this recommendation. (c)(b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. (d)(c) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a), (b), and (c) (a) and (b) of this Code section."
SECTION 3. Said title is further amended by striking Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof the following:
"25-3-25. (a) The certificate of compliance issued by the executive director council shall be subject to suspension or revocation by the council at any time he or she it receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (2) The fire department is not serving the best interests of the citizens of its area of operations. (b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative offier of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The council may refer suspensions or revocations to the Attorney General for

TUESDAY, APRIL 22, 2003

3247

enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."
SECTION 4. Said title is further amended by striking Code Section 25-4-2, relating to definitions relative to firefighter standards and training, and inserting in lieu thereof the following:
"25-4-2. As used in this chapter, the term:
(1) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (2) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (2)(3) 'Council' means the Georgia Firefighter Standards and Training Council. (3)(4) 'Firefighter' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires, or who is employed full time as a public safety officer by any municipal, county, or state government employing three or more public safety officers and who has responsibilities which include preventing and suppressing fires, protecting life and property, and enforcing ordinances and state laws a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighters assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (5) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department. (6) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (7) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private

3248

JOURNAL OF THE HOUSE

incorporated fire department."
SECTION 5. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances, and inserting in lieu thereof the following:
"25-4-3. (a) The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven nine members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. One member shall be appointed by the Lieutenant Governor. One member shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager; (4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers. (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemens Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section. (c)(1) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be

TUESDAY, APRIL 22, 2003

3249

appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. (2) The member appointed by the Lieutenant Governor and the member appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly. (3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governors consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
SECTION 6. Said title is further amended by striking Code Section 25-4-7, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof the following:
"25-4-7. The council is vested with the following functions and powers:
(1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the

3250

JOURNAL OF THE HOUSE

administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of fulltime, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish a firefighter recruit training program administered by such agencies and institutions as it approves and to issue or authorize the issuance of a certificate of completion to any person satisfactorily completing the training program To establish basic firefighter training requirements for full-time, part-time, and volunteer firefighters; (10) To issue a certificate of compliance to certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (11) To issue, at its discretion, a certificate to any person who has received training in another state, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."
SECTION 7. Said title is further amended by adding a new Code Section 25-4-7.1 to read as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."
SECTION 8. Said title is further amended by striking Code Section 25-4-9, relating to a basic firefighter training course and transfer of certification, and inserting in lieu thereof the following:
"25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code

TUESDAY, APRIL 22, 2003

3251

Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firefighters, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program. Full-time, part-time, and volunteer firefighters shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."
SECTION 9. Said title is further amended by striking Code Section 25-4-10, relating to mandatory annual training, and inserting in lieu thereof the following:
"25-4-10. As a condition of tenure or continued employment certification, all firefighters shall train, drill, or study at least 120 clock hours in each calendar year at schools, classes, or courses at the local, area, or state level, as provided specified by the council. Authorized leaves of absence are expected."
SECTION 10. This Act shall become effective on July 1, 2004.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Snow of the 1st moves to amend the Committee substitute to SB 169 as follows:

3252

JOURNAL OF THE HOUSE

Page 1 - Sec 1, line 25 Strike "executive director" and insert in its place council.
Page 3 - Sec 3, line 30 & line 31 Delete line 30 and line 31
Page 5 - Sec 5, line 20 Change "one" to "two" and line 21, change "one" to "two".

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 E Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers

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 E 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 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
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee

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
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 E Rogers, Ch. Y Royal Y Rynders

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

TUESDAY, APRIL 22, 2003

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

Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Sailor Scott
Y Shaw Y Sheldon Y Sholar

3253
Y Williams, E Williams, R Wix
Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Senate amendment was read:

The Senate moves to amend HB 191 by striking line 29 of page 7 and inserting in lieu thereof the following:
"(a)(1) Until January 31, 2003 December 31, 2003, the owner or operator of a motor vehicle for which"

Representative Parham of the 94th moved that the House agree to the Senate amendment to HB 191.

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

Y Amerson Y Anderson Y Ashe

Y Day Dean Deloach

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

Y Mobley Y Moraitakis Y Morris

Y Sims Sinkfield
Y Skipper

3254

JOURNAL OF THE HOUSE

Y Bannister Y Barnard E Barnes
Beasley-Teague Y Benfield
Birdsong Black Y Boggs Bordeaux E Borders Y Bridges E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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 E 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

Holmes Y Houston Y Howard
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
Lucas Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

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
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 E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 144, nays 0. The motion prevailed.

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
Stokes Stoner 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 Wix Y Yates Coleman, Speaker

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

Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 380. By Representatives Richardson of the 26th, O`Neal of the 117th, Massey of the 24th and Westmoreland of the 86th:

TUESDAY, APRIL 22, 2003

3255

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.

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

HR 847. By Representatives Skipper of the 116th, Smyre of the 111th, Buck of the 112th and Westmoreland of the 86th:

A RESOLUTION relative to adjournment; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bills of the House:

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:

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.

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.

3256

JOURNAL OF THE HOUSE

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.
The Senate has disagreed to the House amendment to the following bill of the Senate:
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.
The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Lamutt of the 21st, and Golden of the 8th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following resolution of the Senate:

TUESDAY, APRIL 22, 2003

3257

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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Kemp of the 3rd, Thomas of the 2nd, and Dean of the 31st.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Clay of the 37th, Unterman of the 45th, and Lee of the 29th
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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,

3258

JOURNAL OF THE HOUSE

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Meyer von Bremen of the 12th, Thomas of the 54th, and Price of the 56th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Gillis of the 20th, and Cagle of the 49th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 36-23-1of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.

TUESDAY, APRIL 22, 2003

3259

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Clay of the 37th, Tanksley of the 32nd, and Meyer von Bremen of the 12th.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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 following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, APRIL 22, 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 22, 2003, by adding the following:

HR 624
SB 1
SB 33
SB 73 SB 121
SB 249
SB 256 SB 257 SB 277

Zhou, Xuefei; imprisoned in China; urge United States Department of State seek release Cruelty to Children; endangering a child in the 2nd degree; criminal negligence Designate; The Mighty Eighth Air Force Heritage Museum; center for character education programming State property; naming/renaming for a public official; 5 year restriction Motor vehicles; abandoned; businesses engaged in nonconsensual towing; regulations Student Achievement, Office of; powers, duties, and responsibilities; flexibility and accountability Highways; use of emergency lanes; transit buses; metro Atlanta area State Road and Tollway Authority; public-private initiative proposals Ad valorem taxes; conservation use convenant; renewal period

3260

JOURNAL OF THE HOUSE

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

SB 277. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 E Borders Y Bridges E Brock Y Brooks Y Broome Y Brown Y Bruce

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 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
Joyce Y Keen
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 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 Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

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
Heckstall Y Hembree
Henson Y Hill, C

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton
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

3261
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
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.

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; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to 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 designate the Funk Heritage/Bennett Center at Reinhardt College as Georgias official Frontier and Southeastern Indian Interpretive Center; to repeal conflicting laws; and for other purposes.
WHEREAS, The Mighty Eighth Air Force Heritage Museum is a living memorial created to honor the more than one million personnel who have served in the United States

3262

JOURNAL OF THE HOUSE

Eighth Air Force since it was organized in Savannah, Georgia, in 1942; and
WHEREAS, the Eighth Air Force was established during the early days of World War II to provide the strategic air force essential to save Europe; and
WHEREAS, the original Eighth Air Force included 65 Heavy Bombardment Groups, 20 Fighter Groups, 3 Air Divisions, 4 major headquarters, and a support command with supply, maintenance, and repair depots throughout the United Kingdom; and
WHEREAS, The Mighty Eighth Air Force was the largest, most publicized of all of the air forces and was engaged in the most vicious air combat for the longest sustained period of time out of all the other major air components in this country; and
WHEREAS, The Mighty Eighth won the air war over Europe and made the successful invasion of Europe possible, and it had no peer in any category of combat activity and suffered the greatest losses of brave young men who were never turned back by enemy action; and
WHEREAS, some 350,000 men and women served in the Eighth Air Force during World War II and contributed to the greatest and most spectacular air campaigns in aviation history; and
WHEREAS, The Mighty Eighth Air Force Heritage Museum emphasizes the teaching of character education through the numerous examples of courage, spirit, and sacrifice shown by the members of the Eighth Air Force; and
WHEREAS, the museum is a resource partner of the Georgia Center for Character Education and character education programming at the museum serves as a pilot program for other museums throughout this state; and
WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is a museum and pioneer village interpreting the history and culture of the southeastern Native Americans, the first inhabitants of our colony and state who contributed immeasurably to the cultural, economic, and social development of Georgia; and
WHEREAS, the center interprets and exhibits paintings, sculpture, and other creative works of contemporary southeastern Indian art and includes a permanent collection of antique hand tools used in trades from rope making and shipbuilding to bookbinding; and
WHEREAS, the center offers educational programs, performances, and demonstrations that encourage the study of Native American history and culture and enhance public awareness and understanding of the valuable contributions of our native people; and

TUESDAY, APRIL 22, 2003

3263

WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College is truly an outstanding asset to the people of Georgia and the visiting public, and its mission should be properly recognized.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding at the end thereof new Code Sections 50-3-79 and 50-3-80 to read as follows:
"50-3-79. The Mighty Eighth Air Force Heritage Museum is designated as an official State of Georgia center for character education.
50-3-80. The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgias official Frontier and Southeastern Indian Interpretive Center."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E Brock Y Brooks Y Broome Y Brown Y 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 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 E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
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
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

3264
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas
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
Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
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 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
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.

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the Department of Transportation, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the department to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to

TUESDAY, APRIL 22, 2003

3265

repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code Section 32-2-78 to read as follows:
"32-2-78. As used in this chapter, the term:
(1) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection. (2) 'Public-private initiative' means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services. (3) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, parkand-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, and other projects as defined in this chapter. (4) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-2-79. (a) The department may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The department may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement

3266

JOURNAL OF THE HOUSE

program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by department rules or regulations; (2) Is independently originated and developed by the proposer; and
(3)(A) Includes such detail and information as the department may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-1870, et seq., and an itemized, auditable listing of the costs associated with the development of the proposal; and (B) Includes such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are welldeveloped and consistent with the departments general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the department shall return the proposal without further action. In taking such action, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the department shall provide public notice of the proposed project. This notice shall: (1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-69, or both; (2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any comparable proposal for consideration by the department must be received by

TUESDAY, APRIL 22, 2003

3267

the department no later than 30 days after the first publication of a notice in the manner prescribed by paragraph (1) of subsection (e) of this Code section. No comparable proposals received after that date will be considered or evaluated by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section, the department shall:
(1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and whether it warrants further evaluation; (2) Evaluate any comparable proposal; and (3) Conduct good faith discussions and, if necessary, negotiation concerning each comparable proposal. (h) The department shall base its evaluation of the unsolicited proposal or comparable proposals on the following factors: (1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the departments mission; (4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal. (i) Once the department has concluded its evaluation of the unsolicited proposal and any comparable proposals, the department may execute a commitment agreement with the entity submitting the most desirable proposal as determined by the departments evaluation process. Such commitment agreement shall indicate the departments commitment to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement relating to an unsolicited proposal only if: (1) The unsolicited proposal receives a favorable evaluation; and (2) The department makes a written determination based on facts and circumstances that the unsolicited proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal. (k) Once the commitment agreement is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited proposal, the department: (1) Should provide public notice that the department will receive public comment with respect to such proposal. The notice shall:

3268

JOURNAL OF THE HOUSE

(A) Be published in a newspaper of general circulation and which is a legal organ, or upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-69, or both, allowing at least 14 days and no more than 45 days for public comment to be submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (l) In taking the actions required by subsections (e) and (k) of this Code section, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section. (m) The provisions of Code Section 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public comment has been published as required in subsection (k) of this Code section. At all times thereafter, the department shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this article. (o) The department or the departments designee has the authority to make the determination and take the actions required by this Code section. (p) If the department declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the costs associated with the preparation and development of the proposal upon submission of such costs and a request for reimbursement to the department.
32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-1067.1 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement, upon completion of the public comment period,

TUESDAY, APRIL 22, 2003

3269

the department shall have the authority to contract with the proposer for a publicprivate initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. Such contracts shall be in compliance with all other applicable federal and state laws. Any such agreement shall not become effective unless and until approved by joint resolution of the General Assembly and approved by the Governor. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. (c) The department, in its sole discretion, may reject any unsolicited proposal at any time until a contract is signed with the entity submitting the proposal. In the event that a proposal is rejected but the department subsequently proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the proposal as indicated in subsection (p) of Code Section 32-10-67.1."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 32-2-69, relating to award of contract to lowest reliable bidder, procedure upon rejection of bids, receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in its place the following:
"(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Smith of the 110th et al. move to amend the Committee substitute to SB 257 by striking line 23 through line 26 of page 3 and inserting in their places the following:
"(f) Any person who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 days after the departments initial publication of the notice. Any letter of intent received by the department after the expiration of the 30 day period shall not be valid and any competing proposal submitted thereafter by a person who has not submitted a timely

3270

JOURNAL OF THE HOUSE

letter of intent shall not be considered by the department and shall be returned to the person who did not submit a letter of intent by the deadline. For those persons who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department."

Representatives Noel of the 44th and Smith of the 13th, Post 2 move to amend the Committee substitute to SB 257 by adding after "definitions;" on line 5 of page 1 the following:
"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 Transportations 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;"
By renumbering Section 4 as Section 5.
By adding after line 19 of page 6 a new Section 4 to read as follows:
"SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-2, relating to operation by Department of Transportation of facilities or systems and financial assistance to systems, by striking paragraph (3) of subsection (b) and inserting in its place the following: '(3) The departments participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The departments participation with state funds shall be limited to a maximum of 10 15 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems.'"

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

TUESDAY, APRIL 22, 2003

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 Boggs Y Bordeaux E Borders Y Bridges E 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 Y Campbell E 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 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
Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley E 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 Y Maxwell E 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 E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3271
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
Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

Mr. Speaker:

3272

JOURNAL OF THE HOUSE

The Senate insists on its amendments to the following bills of the House:
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.
HB 414. By Representative Jenkins of the 93rd:
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.
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.
HB 616. By Representative Parham of the 94th:
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.
The Senate insists on its substitute to the following bill of the House:
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

TUESDAY, APRIL 22, 2003

3273

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

3274

JOURNAL OF THE HOUSE

zone as a result of military orders shall not be subject to state income tax; and for other purposes.
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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Price of the 56th, and Stephens of the 51st.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:

HB 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.

Representative Porter of the 119th moved that the House insist on its position in disagreeing to the Senate substitute to HB 792 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.

TUESDAY, APRIL 22, 2003

3275

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Bordeaux of the 125th and Oliver of the 56th, Post 2.

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.

Representative Harbin of the 80th moved that the House insist on its position in disagreeing to the Senate amendment to HB 352 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 Harbin of the 80th, Powell of the 23rd and Dean of the 49th.

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.

Representative Harbin of the 80th moved that the House insist on its position in disagreeing to the Senate substitute to HB 598 and that a Committee of Conference be

3276

JOURNAL OF THE HOUSE

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 Harbin of the 80th, Lord of the 103rd and Dodson of the 84th, Post 1.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

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.

Representative Royal of the 140th moved that the House insist on its position in amending the Senate substitute to HB 43 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 Royal of the 140th, Skipper of the 116th and Heard of the 75th.

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

HR 624. By Representative Willard of the 40th:

TUESDAY, APRIL 22, 2003

3277

A RESOLUTION urging the United States Department of State to seek the release of Xuefei Zhou, the wife of a Georgia resident, imprisoned by the Chinese government for the practice of Falun Gong; 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 E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges E 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 E 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 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 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
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E 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
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 E 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
Yates Coleman, Speaker

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

3278

JOURNAL OF THE HOUSE

The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill and Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Keen of the 146th moved that the House adhere to its position in insisting on its amendment to SB 329 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 Keen of the 146th, Lord of the 103rd and Watson of the 60th, Post 2.

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

TUESDAY, APRIL 22, 2003 laws; and for other purposes.

3279

Representative Greene of the 134th moved that the House adhere to its position in insisting on its substitute to SR 120 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 Greene of the 134th, Buckner of the 109th and Stephens of the 123rd.

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.

Representative DeLoach of the 127th moved that the House adhere to its position in insisting on its substitute to SB 258 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Boggs of the 145th and DeLoach of the 127th.

Under the general order of business, established by the Committee on Rules, the

3280

JOURNAL OF THE HOUSE

following Bill of the Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:
"(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or

TUESDAY, APRIL 22, 2003

3281

(3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 50-16161 a new Code Section 50-16-161.1 to read as follows:
"50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made

3282

JOURNAL OF THE HOUSE

to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department."
SECTION 4. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse."
SECTION 5. This Act shall be repealed in its entirety on June 30, 2006.
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 E Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders Y Bridges

Y Day Dean Deloach
Y Dix Y Dodson Y 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 E 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 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

E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, APRIL 22, 2003

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 Y Henson Y Hill, C

Y Jordan Y Joyce
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 E McBee Y McCall Y McClinton Millar 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
Sailor Y Scott
Shaw Y Sheldon Y Sholar

3283
Y Stokes 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
Yates Coleman, Speaker

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

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 616. By Representative Parham of the 94th:
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.

Representative Parham of the 94th moved that the House insist on its position in disagreeing to the Senate substitute to HB 616 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.

3284

JOURNAL OF THE HOUSE

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 94th, Black of the 144th and Parrish of the 102nd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

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.

Representative Smith of the 13th, Post 2 moved that the House insist on its position in amending SB 167.
The motion prevailed.

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

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

TUESDAY, APRIL 22, 2003

3285

The Senate has passed by the requisite constitutional majority the following bill of the House:
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 414. By Representative Jenkins of the 93rd:
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.

Representative Jenkins of the 93rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 414 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.

3286

JOURNAL OF THE HOUSE

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jenkins of the 93rd, Randall of the 107th and Thompson of the 69th, Post 1.

By unanimous consent, further consideration of SB 1, SB 121, SB 193, SB 249 and SB 256 was postponed until the next legislative day.

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

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

TUESDAY, APRIL 22, 2003

3287

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
HB 339. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:

3288

JOURNAL OF THE HOUSE

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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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

TUESDAY, APRIL 22, 2003

3289

consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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 Senate has passed by the requisite constitutional majority the following bill of the House:
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 Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:
HB 43. By Representative Channell of the 77th:

3290

JOURNAL OF THE HOUSE

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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Price of the 56th, Stephens of the 51st, and Balfour of the 9th.
Senate adheres to its substitute and has appointed a Committee of Conference on the following bills of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Golden of the 8th, Johnson of the 1st, and Smith of the 52nd.
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Lamutt of the 21st, Shafer of the 48th, and Golden of the 8th.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bills of the House:
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

TUESDAY, APRIL 22, 2003

3291

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Shafer of the 48th, Hamrick of the 30th, and Seabaugh of the 28th.
HB 616. By Representative Parham of the 94th:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Williams of the 19th, and Stephens of the 51st.
HB 414. By Representative Jenkins of the 93rd:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Clay of the 37th, Hall of the 22nd, and Smith of the 52nd.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Lamutt of the 21st, Seabaugh of the 28th, and Golden of the 8th.

3292

JOURNAL OF THE HOUSE

The Senate has disagreed to the House substitute to the following bills of the Senate:
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 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.
SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; 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

TUESDAY, APRIL 22, 2003

3293

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 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.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

3294

JOURNAL OF THE HOUSE

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.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock A.M., Friday, April 25, 2003, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock A.M., Friday, April 25, 2003.

FRIDAY, APRIL 25, 2003 Representative Hall, Atlanta, Georgia
Friday, April 25, 2003

3295

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 Birdsong Black Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D E Bunn Burmeister Campbell Chambers Channell Childers Coan Coleman, B Cooper

Crawford Cummings Day Deloach Dix Dodson Dooley Douglas Ehrhart Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Harbin Harper Harrell Heard, J Heath Hembree

Hill, C Hill, C.A Hill, V Hines Houston Howard Hugley E Jackson James Jamieson Jones Knox Lane Lewis Lord Marin Martin Maxwell McBee McCall Millar Mills Mitchell Mobley Moraitakis Mosley

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

Sholar Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas, A Twiggs Walker, L Warren Westmoreland 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, Boggs of the 145th, Bordeaux of the 125th, Buckner of the 82nd, Burkhalter of the 36th, Casas of the 68th, Dean of the 49th, Dollar of the 31st, Drenner of the 57th, Dukes of the 136th, Golick of the 34th, Post 3, Greene-Johnson of the 60th, Post 3, Hanner of the 133rd, Heard of the 75th, Heckstall of the 48th, Post 3, Henson of the 55th, Holmes of the 48th, Post 1, Hudson of the 95th, Jenkins of the 93rd, Jordan of the 83rd, Joyce of the 2nd, Keen of the 146th, Lucas of the 105th, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Mangham of the 62nd, Massey of the 24th, McClinton of the 59th, Post 1, Morris of the 120th, Orrock of the 51st, Ray of the 108th, Royal of the 140th, Sailor of the 61st,

3296

JOURNAL OF THE HOUSE

Post 1, Sims of the 130th, Sinkfield of the 50th, Smyre of the 111th, Snow of the 1st, Stephenson of the 60th, Post 1, Thomas of the 43rd, Post 1, Thompson of the 69th, 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 Dr. Joshua Wade Hickman, Newnan, 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 1018. By Representatives Hill of the 81st, Jordan of the 83rd, Thomas of the 43rd, Post 1, Dodson of the 84th, Post 1, Fludd of the 48th, Post 4 and others:

FRIDAY, APRIL 25, 2003

3297

A BILL to amend Part 1 of Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, the "Georgia Arbitration Code," so as to provide for the applicability of such part; to provide that the laws of this state shall apply to any arbitration agreement contained in a home builder's warranty; and for other purposes.

Referred to the Committee on Judiciary.

HB 1019. By Representatives Oliver of the 56th, Post 2, Bordeaux of the 125th and Moraitakis of the 42nd, Post 4:
A BILL to enact the "Georgia Sunshine in Litigation Act"; to amend Article 9 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Civil Practice Act," so as to limit the restriction of information obtained through discovery when such information is relevant to the protection of public health, welfare, or safety; to provide for standing to contest the restriction of information in a civil action; and for other purposes.

Referred to the Committee on Judiciary.

HB 1020. By Representatives Ashe of the 42nd, Post 2, Coleman of the 65th, Millar of the 52nd, Gardner of the 42nd, Post 3 and Fludd of the 48th, Post 4:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to enact "The Access to Postsecondary Education Instructional Material Act"; to provide for definitions; to provide for requests to publishers for electronic versions of instructional material; and for other purposes.

Referred to the Committee on Education.

HB 1021. By Representative Roberts of the 131st:
A BILL to amend an Act creating the board of commissioners of Irwin County, so as to change the description of the commissioner districts; and for other purposes.

3298

JOURNAL OF THE HOUSE

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

HB 1022. By Representatives McCall of the 78th, Floyd of the 132nd, Twiggs of the 8th and Smith of the 110th:
A BILL to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; and for other purposes.

Referred to the Committee on Transportation.

HB 1023. By Representatives Parsons of the 29th and Bannister of the 70th, Post 1:
A BILL to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension of the licenses of persons who are 18 years of age or younger who are charged with a violation of Article 2 of Chapter 13 of Title 16; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1024. By Representatives Parsons of the 29th and Bannister of the 70th, Post 1:
A BILL to amend Code Section 43-10-14 of the Official Code of Georgia Annotated, relating to the study of cosmetology by persons 17 years of age or older, so as to lower to 16 years the age of persons authorized to study cosmetology; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1025. By Representative Oliver of the 56th, Post 2:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to add certain provisions relating to placement of sibling groups and sibling visitation; to provide for

FRIDAY, APRIL 25, 2003

3299

legislative findings; to provide for a definition; to change provisions relating to preserving and unifying families; and for other purposes.

Referred to the Committee on Judiciary.

HB 1026. By Representatives Buckner of the 82nd, McBee of the 74th, Crawford of the 91st, Dodson of the 84th, Post 1, Heckstall of the 48th, 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 provide that the Secretary of State may initiate action to prevent the sale, transfer, or destruction of certain property removed from a public office or public officer or employee; to provide for definitions; to provide for certain records of public agencies or officers to be placed with the Division of Archives and History; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1028. By Representative Powell of the 23rd:
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; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1030. By Representatives Rogers of the 15th, Smith of the 76th, Burmeister of the 96th and Lewis of the 12th:
A BILL to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to establish the revenue enhancement fund; to provide for powers, duties, and authority of the director of the Office of Treasury and Fiscal Services with respect to such fund; and for other purposes.

3300

JOURNAL OF THE HOUSE

Referred to the Committee on Appropriations.

HB 1031. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to change the effective date of certain annexations; to change provisions relating to declaratory judgment actions involving annexations under the 60 percent method; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1032. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Article 3 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the 60 percent method of annexation, so as to provide for the making of a best interest determination on the record and duly recorded in the minutes; to provide for considerations when making a best interest determination; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1033. By Representatives Walker of the 71st, Post 1, Harrell of the 54th and Brown of the 89th:
A BILL to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards; to amend Title 31 of the Official Code of Georgia Annotated, relating to health; to amend Code Section 37-4-21 of the Official Code of Georgia Annotated; to amend Code Section 48-13-9 of the Official Code of Georgia Annotated; to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Community

FRIDAY, APRIL 25, 2003

3301

Health functions regarding medical assistance; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 1034. By Representative Snow of the 1st:
A BILL to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 1035. By Representatives Harrell of the 54th, Reece of the 21st, Drenner of the 57th, Benfield of the 56th, Post 1, Manning of the 32nd 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, so as to provide for a fine for leaving a child unattended in a passenger car; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1036. By Representative Jenkins of the 93rd:
A BILL to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund, so as to provide for retirement benefits after eight years of service; to provide for the calculation of service creditable for retirement; to provide for spouses' benefits; and for other purposes.

Referred to the Committee on Retirement.

3302

JOURNAL OF THE HOUSE

HB 1037. By Representative Burkhalter of the 36th:
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 for the licensing and regulation of roofing contractors; to provide for legislative purpose; to provide for definitions; to provide an exception; to provide for an additional Division of Roofing contractors within the State Construction Industry Licensing Board; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1038. By Representative Harbin of the 80th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; and for other purposes.

Referred to the Committee on Insurance.

HB 1039. By Representatives Smith of the 129th, Post 2, Orrock of the 51st, Rice of the 64th, Bunn of the 63rd and Dooley of the 33rd, Post 3:
A BILL to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1040. By Representatives Smith of the 129th, Post 2, Henson of the 55th, Epps of the 90th, Stanley-Turner of the 43rd, Post 2, Howard of the 98th and others:

FRIDAY, APRIL 25, 2003

3303

A BILL to enact "State Planning for Increase Community Access Act"; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for legislative findings; to provide for state planning for improved community access to culturally sensitive services to provide for community economic development through the removal of culturally biased obstacles to access to culturally sensitive services; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1041. By Representative Rogers of the 15th:
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 and distinctive license plate honoring the Masons; to provide that revenue derived from the sale of such license plates shall be donated to charities' foundations; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1042. By Representatives Ashe of the 42nd, Post 2 and Teilhet of the 34th, Post 2:
A BILL to adopt the "Georgia School Pesticide Act"; to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to provide for definitions; to provide for an integrated pest management program at each school; to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to provide for regulations regarding the use of pesticides in public schools; and for other purposes.

Referred to the Committee on Education.

HB 1043. By Representatives Murphy of the 14th, Post 2, Wilkinson of the 41st, Knox of the 14th, Post 1, Mobley of the 58th, Reece of the 21st and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of

3304

JOURNAL OF THE HOUSE
Georgia Annotated, relating to general provisions relative to insurance, so as to require certain notices to be sent via United States mail or statutory overnight delivery, return receipt requested; and for other purposes.

Referred to the Committee on Insurance.

HB 1044. By Representative Coleman of the 118th:
A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate boundaries of said city; and for other purposes.

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

HR 818. By Representatives Heard of the 75th and McBee of the 74th:
A RESOLUTION proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation, and administration of the system of public transportation of passengers for hire in any city, county, or consolidated government to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose; and for other purposes.

Referred to the Committee on Transportation.

HR 819. By Representatives Buckner of the 109th, Childers of the 13th, Post 1, Gardner of the 42nd, Post 3, Dodson of the 84th, Post 1, Mosby of the 59th, Post 3 and others:
A RESOLUTION creating the House Study Committee on Liability Insurance Rates for Hospitals and Physicians; and for other purposes.
Referred to the Committee on Rules.
HR 820. By Representatives Henson of the 55th, Drenner of the 57th, Williams of the 61st, Post 2, Benfield of the 56th, Post 1, Mosby of the 59th, Post 3 and others:

FRIDAY, APRIL 25, 2003

3305

A RESOLUTION urging the appropriate authorities in DeKalb County to take certain actions with respect to licensing of certain facilities; and for other purposes.

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

HR 855. By Representatives Buckner of the 82nd, Lunsford of the 85th, Post 2, Dukes of the 136th, Twiggs of the 8th, Black of the 144th and others:
A RESOLUTION urging the President of the United States and the United States Congress to provide homeland security funding; and for other purposes.

Referred to the Committee on Public Safety.

HR 857. By Representative Rogers of the 15th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting charitable organizations; to provide for the donation of revenue derived from the sales of such license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

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

HB 1006 HB 1007 HB 1008 HB 1009 HB 1010 HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016

HB 1017 HB 1027 HB 1029 HR 778 HR 779 HR 780 HR 781 HR 814 HR 815 SB 142

3306

JOURNAL OF THE HOUSE

Pursuant to Rule 52, Representative Franklin of the 17th moved that the following Bill of the House be engrossed:

HB 1010. By Representatives Franklin of the 17th, Rogers of the 15th and Hill of the 16th:

A BILL to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain prohibitions and requirements relating to the possession of a handgun or other concealed weapon, so as to provide that a deputy sheriff retired under certain retirement plans shall fall within such exemptions; and for other purposes.

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

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

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

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

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

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

FRIDAY, APRIL 25, 2003 On the motion the ayes were 50, nays 75. The motion was lost.

3307

Representative Jenkins of the 93rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 1004 Do Pass SB 208 Do Pass SB 222 Do Pass, as Amended SB 224 Do Pass SB 252 Do Pass SB 275 Do Pass, by Substitute SB 276 Do Pass, by Substitute SB 308 Do Pass

SB 331 SB 368 SB 373 SB 374 SB 381 SB 382 SB 383

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, APRIL 25, 2003

Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 40th Legislative Day as

3308

JOURNAL OF THE HOUSE

enumerated below:

HR 358
SB 45 SB 73 SB 97
SB 116
SB 119
SB 123 SB 129
SB 132 SB 136 SB 173 SB 190 SB 207 SB 223
SB 229 SB 261 SB 264
SB 265
SB 277 SB 293
SB 345
SB 346

Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt Criminal procedure; demand for trial; time expiration; appeals State property; naming/renaming for a public official; 5 year restriction Real estate transfer tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees Juvenile proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses Appeals in Death Penalty Cases; motion for new trial; request for DNA testing and analysis Family violence and stalking protective order registry; duty of sheriffs Soil investigation; soil classifiers for on-site sewage management sites; standards, qualifications Corporations; reservation of names and filing fees; change provisions MARTA; reserve funds; use of interest income for operating costs Commercial motor vehicles and school buses; prohibitions Marriage licenses; repeal testing for syphilis requirements Timber harvesting operations; local regulatory authority Teachers or other professional employees; contracts; complete terms and conditions Driver Licenses; court conviction reports; transmittal fees Zoning procedures; land adjacent military base, installation, or airport Community living arrangements or drug abuse treatment facilities; licensure; violations Emergency Medical; automated external defibrillators; registration requirement Ad valorem taxes; conservation use convenant; renewal period Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders State Fire Marshal and Staff; investigatory powers; arrests; search warrants Teen dating violence; prevention education program

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

FRIDAY, APRIL 25, 2003

3309

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

HB 1004. By Representatives Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:
A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Dalton and Whitfield 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 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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 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 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 222. By Senators Thompson of the 33rd and Lamutt of the 21st:

3310

JOURNAL OF THE HOUSE
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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 222 by striking lines 17 through 21 of page 1 and inserting in lieu thereof the following:
"shall be composed of 35 members as follows: (1) Seventeen members to be appointed by the Cobb County House delegation, four of whom shall reside in the territory of Cobb County comprised of House Districts 26, 28, 32, and 35 and be appointed by members of the delegation who represent such districts, six of whom shall reside in the territory of Cobb County comprised of House Districts 33 and 34 and be appointed one each by the members of the delegation representing Posts 1, 2, and 3 of the respective House District, and seven of whom shall reside in the territory of Cobb County comprised of"

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 224. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as

FRIDAY, APRIL 25, 2003

3311

amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide a residency requirement for election to the office of mayor or city councilmember; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 252. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4215), so as to provide for the compensation and reimbursement of expenses of the chairperson and members of the Board of Education of Hart County; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 275. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

3312

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. (a) There shall be a board of education for the Macon County School District. (b) For the purpose of electing members of the board of education, the Macon County School District shall be divided into five education districts which shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: MACON03-02 Plan Type: Local User: staff Administrator: Macon Co. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Macon County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Macon County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the

FRIDAY, APRIL 25, 2003

3313

geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (d) The members of the board of education who were elected at the general election in November 2002 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of education who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (e) Successors to the members of the board of education of Macon County from Education Districts 1, 2, and 4 shall be elected at the state-wide general election in 2006. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) Successors to the members of the board of education of Macon County from Education Districts 3 and 5 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (h) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2003, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Education of Macon County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of 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 Macon County
Tract: 9801 BG: 2 2014 2021 2022 2023 2063 2064 2065 2072 2073 2076 2997 2998 Tract: 9802

3314

JOURNAL OF THE HOUSE

Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1037 1072 1073 1998 1999 BG: 3 3016 Tract: 9804 BG: 2 2000 2001 2002 2999 BG: 3 3000 3999

District 002 Macon County
Tract: 9803 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1034 1035 1043 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2048 2998 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113

District 003 Macon County
Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

FRIDAY, APRIL 25, 2003
2012 2013 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2066 2067 2068 2069 2070 2071 2074 2075 2994 2995 2996 2999 Tract: 9804 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1045 1047 1055 1057 1058 1059 1060 1061 1999 BG: 4 4000 4001 4003 4038 4039 4040 4041
District 004 Macon County
Tract: 9803 BG: 1 1028 1029 1032 1033 1036 1038 1039 1040 1041 1042 1044 1045 1996 1997 BG: 2 2015 2016 2017 2018 2019 2020 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2999 BG: 3 3000 3001 3002 3003 3999 Tract: 9804 BG: 1 1028 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3996 3997 3998 BG: 4 4013 4014 4015 4016 4017 4018 4019 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4998 4999

3315

3316

JOURNAL OF THE HOUSE

BG: 5 5007 BG: 6 6024 6025 6026 6028 6029 6053 6054 6997

District 005 Macon County
Tract: 9804 BG: 1 1041 1042 1043 1044 1046 1048 1049 1050 1051 1052 1053 1054 1056 1062 1063 1064 1065 1066 1067 BG: 4 4002 4004 4005 4006 4007 4008 4009 4010 4011 4012 4020 4036 4037 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6027 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6996 6998 6999

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 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 276. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance

FRIDAY, APRIL 25, 2003

3317

pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. (a) There is established a board of commissioners for Macon County consisting of five members. (b) For the purpose of electing members of the board of commissioners, Macon County shall be divided into five commissioner districts. The commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: MACON03-02 Plan Type: Local User: staff Administrator: Macon Co. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Macon County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial

3318

JOURNAL OF THE HOUSE

census of 2000 for the State of Georgia. Any part of Macon County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (d) The members of the board of commissioners who were elected at the general election in November 2002 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of commissioners who were elected at the general election in November 2000 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (e) Successors to the members of the board of commissioners of Macon County from Commission Districts 1, 3, and 5 shall be elected at the state-wide general election in 2006. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (f) Successors to the members of the board of commissioners of Macon County from Commissioner Districts 2 and 4 shall be elected at the state-wide general election in 2004. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) Successors to members elected under subsections (e) and (f) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (h) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2003, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Commissioners of Macon County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of 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.

FRIDAY, APRIL 25, 2003
District 001 Macon County
Tract: 9801 BG: 2 2014 2021 2022 2023 2063 2064 2065 2072 2073 2076 2997 2998 Tract: 9802 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1037 1072 1073 1998 1999 BG: 3 3016 Tract: 9804 BG: 2 2000 2001 2002 2999 BG: 3 3000 3999
District 002 Macon County
Tract: 9803 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1034 1035 1043 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2048 2998 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113

3319

3320

JOURNAL OF THE HOUSE

District 003 Macon County
Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2066 2067 2068 2069 2070 2071 2074 2075 2994 2995 2996 2999 Tract: 9804 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1045 1047 1055 1057 1058 1059 1060 1061 1999 BG: 4 4000 4001 4003 4038 4039 4040 4041

District 004 Macon County
Tract: 9803 BG: 1 1028 1029 1032 1033 1036 1038 1039 1040 1041 1042 1044 1045 1996 1997 BG: 2 2015 2016 2017 2018 2019 2020 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2999 BG: 3 3000 3001 3002 3003 3999 Tract: 9804 BG: 1 1028 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012

FRIDAY, APRIL 25, 2003
3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3996 3997 3998 BG: 4 4013 4014 4015 4016 4017 4018 4019 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4998 4999 BG: 5 5007 BG: 6 6024 6025 6026 6028 6029 6053 6054 6997

3321

District 005 Macon County
Tract: 9804 BG: 1 1041 1042 1043 1044 1046 1048 1049 1050 1051 1052 1053 1054 1056 1062 1063 1064 1065 1066 1067 BG: 4 4002 4004 4005 4006 4007 4008 4009 4010 4011 4012 4020 4036 4037 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6027 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6996 6998 6999

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 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 308. By Senator Dean of the 31st:

3322

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend an Act creating the Joint CartersvilleBartow County Regional Industrial Development Authority, approved April 25, 2002 (Ga. L. 2002, p. 4364), so as to change certain provisions relating to tax exemptions; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 331. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have the power to levy taxes on owner occupied residential property; to provide for applicability; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 368. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Grady County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.

FRIDAY, APRIL 25, 2003 The Bill, having received the requisite constitutional majority, was passed.

3323

SB 373. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Madison County and for the office of chief magistrate of Madison 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

SB 374. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act relating to the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide for vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 381. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Baker County in conjunction with the 2004 General Election

3324

JOURNAL OF THE HOUSE
on the question of whether the contract between the Baker County Board of Education and the Mitchell County Board of Education that consolidates the Baker County High School with the Mitchell County High School should be allowed to expire and the Baker County High School students be returned to Baker County to receive their education in the future; to provide for related matters; to repeal conflicting laws; and for other purposes

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 382. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Mitchell County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

SB 383. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to

FRIDAY, APRIL 25, 2003 repeal conflicting laws; and for other purposes.

3325

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 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 387. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Richmond 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.
SB 388. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Haralson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the

3326

JOURNAL OF THE HOUSE

following bills of the House:
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 245. By Representatives Channell of the 77th and Hudson of the 95th:
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.
HB 248. By Representatives Channell of the 77th and Hudson of the 95th:

FRIDAY, APRIL 25, 2003

3327

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.
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.
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.
HB 728. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
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.
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.
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.
HB 848. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
A BILL to provide that future elections for the office of chief magistrate of Bulloch County shall be nonpartisan elections; and for other purposes.

3328

JOURNAL OF THE HOUSE

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.
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.
HB 942. By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:
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.
HB 948. By Representative Elrod of the 25th:
A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.
HB 967. By Representatives Coan of the 67th, Post 1, Mills of the 67th, Post 2 and Reece of the 21st:
A BILL to provide a new charter for the City of Buford; and for other purposes.
HB 979. 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 Commissioners of Jones County, so as to reapportion the commissioner districts; and for other purposes.
HB 982. By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3, Hines of the 35th and others:

FRIDAY, APRIL 25, 2003

3329

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 clerk of the probate court; and for other purposes.
HB 983. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act creating a new charter for the City of Gainesville, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 988. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.
HB 991. By Representative Stokes of the 72nd:
A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton Cunty with the costs paid by the City of Covington from city funds; and for other purposes.
HB 996. By Representative Parrish of the 102nd:
A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms of said board; and for other purposes.
HB 997. By Representatives Hembree of the 46th, Brooks of the 47th, Thomas of the 33rd, Post 2, Dooley of the 33rd, Post 3, Bruce of the 45th and others:
A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot; to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing authority; and for other purposes.
HB 998. By Representatives Royal of the 140th, Scott of the 138th, Rynders of the 137th and Houston of the 139th:

3330

JOURNAL OF THE HOUSE

A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for nonpartisan elections held at the time of certain November general elections; and for other purposes.
HB 1000. By Representatives Stephens of the 124th, Post 2, Bordeaux of the 125th, Jackson of the 124th, Post 1 and Purcell of the 122nd:
A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman of the board; and for other purposes.
HB 912. By Representatives Hanner of the 133rd and Greene of the 134th:
A BILL to provide a new charter for the City of Morgan; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following resolution of the Senate:
SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
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 schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; to provide for related matters; to

FRIDAY, APRIL 25, 2003

3331

provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Rice of the 64th 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.

Representative Powell of the 23rd 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 and Senate were taken up for consideration and read the third time:

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with

3332

JOURNAL OF THE HOUSE

respect thereto; to provide for applicability; to provide for disclosure of evidence and reciprocal discovery; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding a new Part 7A following Part 7 to read as follows:
"Part 7A
15-11-75. (a) Request for discovery. In all cases in which a child is charged with having committed a delinquent act as defined in Code Section 15-11-2, the child shall, upon written request to the person or entity prosecuting the case having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by the child or any witness that relates to the subject matter concerning the testimony of the witness that the prosecuting attorney or entity prosecuting the case intends to call as a witness; (5) Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except the product of counsel; (6) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (7) Photographs and any physical evidence which are intended to be introduced at the hearing; and (8) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) Reciprocal discovery. If the child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of the child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney or the entity prosecuting the case: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense;

FRIDAY, APRIL 25, 2003

3333

(2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the child intends to call as a witness. (c) Timing of response to discovery. A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudicatory hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the person or child making the discovery request. (d) Alibi. (1) Upon written request by the prosecuting attorney or entity prosecuting the case stating the time, date, and place at which the alleged delinquent act was committed, the child shall serve upon the prosecuting attorney or entity prosecuting the case a written notice of the childs intention to offer a defense of alibi. Such notice by the child shall state the specific place or places at which the child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom the child intends to rely to establish such alibi unless previously supplied. A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudicatory hearing except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudicatory hearing, the alibi evidence shall be produced in a timely manner. If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney or entity prosecuting the case may offer any other evidence regarding alibi. (2) The prosecuting attorney or entity prosecuting the case shall serve upon the child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the childs evidence of alibi unless previously supplied. (e) Order granting discovery; limitations; sanctions. If a request for discovery is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery was made and was refused. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:

3334

JOURNAL OF THE HOUSE

(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (g) Court discretion. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. (h) Confidentiality of discovery responses. Any material or information furnished to the child pursuant to this part shall remain in the exclusive custody of the child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. (i) Danger of proceeding pro se. If a child proceeds pro se, the court shall instruct the child concerning the danger of proceeding pro se and his or her rights under this Code section."
SECTION 2. This Act shall become effective on July 1, 2003, and shall apply to all cases in which a petition is filed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The 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

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

FRIDAY, APRIL 25, 2003

Y 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 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 Y Crawford Y Cummings

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

Howell 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 Lunsford 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 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

3335
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 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Dukes of the 136th and Hudson of the 95th 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 Senate, having been postponed from the previous legislative day was taken up for consideration and read the third time:
SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A.,

3336

JOURNAL OF THE HOUSE
relating to elementary and secondary schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Jamieson of the 22nd et al. move to amend SB 193 by striking lines 2 through 6 of page 1 and inserting in lieu thereof the following:
"elementary and secondary schools, so as to provide for an increase in annual state pay for certain teachers under certain circumstances; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment; to provide for related matters; to provide an effective date; to".
By striking lines 14 and 15 of page 1 and inserting in lieu thereof the following:
"Subject to appropriation by the General Assembly, any teacher who has acquired rights to continued employment as a teacher shall receive an increase in annual state compensation of 5 percent for the year following".
By inserting on line 18 of page 1 immediately after the period the following:
"Each increase shall last only one year, but eligible teachers may earn the increase for consecutive or subsequent years."

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

Y Day N Dean
Deloach Y Dix N Dodson Y Dollar

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

Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J

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

FRIDAY, APRIL 25, 2003

N Beasley-Teague N Benfield
Birdsong Black N Boggs N Bordeaux 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 Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

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

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 N McCall N McClinton Y Millar Y Mills N Mitchell

N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham N Parrish N Parsons N Porter N Powell Y Purcell N 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
Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 85, nays 82. The amendment was adopted.

3337
N 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
Thomas, A N Thomas, A.M Y 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 Y Wix Y Yates
Coleman, Speaker

Representative Lucas of the 105th moved that the House reconsider its action in adopting the Jamieson amendment.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague
Benfield Birdsong N Black Y Boggs

N Day Y Dean
Deloach Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell N Hudson Y Hugley N Jackson Y James

Mobley Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M N O'Neal

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L
Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner

3338
Y Bordeaux N 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

JOURNAL OF THE HOUSE

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

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

Y Orrock N Parham Y Parrish Y Parsons Y Porter N 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 81, nays 83. The motion was lost.

Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M N 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 N Williams, R Y Wix N Yates
Coleman, Speaker

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 Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day Y Dean
Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes N 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

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 N Smith, B Y Smith, L
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 E Bunn N Burkhalter Y Burmeister Y Butler N Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin
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
Heckstall Y Hembree Y Henson Y Hill, C

Y Jordan N 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 N 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 Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3339
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, as amended, the ayes were 160, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Cooper of the 30th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

The following Committee substitute was read and adopted:

A BILL

3340

JOURNAL OF THE HOUSE

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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, is amended by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e)(1) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section. (2) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32. (3) The provisions of paragraphs (1) and (2) of this subsection shall not preclude counties, municipalities, and other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances; provided, however, such ordinances shall not apply to timber harvesting as described in subparagraph (A) of paragraph (4) of this subsection or in unzoned tracts as described in subparagraph (B) of paragraph (4) of this subsection.
(4)(A) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under Code Section 12-7-17, not incidental to development, on tracts which are zoned for or used for forestry, silvicultural, or agricultural purposes. (B) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall also apply to tracts which are unzoned."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

FRIDAY, APRIL 25, 2003
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3341

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 Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock
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 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 N 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
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
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 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
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
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor N 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
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 155, nays 3. The Bill, having received the requisite constitutional majority, was passed, by

3342 substitute.

JOURNAL OF THE HOUSE

Representatives Dollar of the 31st and Scott of the 138th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof the following:

"(1) Articles of incorporation

$60.00 100.00

(2) Application for certificate of authority

170.00 225.00

(3) Annual registration

15.00 30.00"

"(6) Application for reservation of a corporate name

No fee 25.00"

FRIDAY, APRIL 25, 2003

3343

SECTION 2. Said title is further amended by striking Code Section 14-2-402, relating to reserved corporate names, and inserting in lieu thereof the following:
"14-2-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-2-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."

SECTION 3. Said title is further amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-3-122, relating to filing fees for nonprofit organizations, and inserting in lieu thereof the following:

"(1) Articles of incorporation

$60.00 100.00

(2) Application for certificate of authority

70.00 225.00

(3) Annual registration

15.00 30.00"

"(6) Application for reservation of a corporate name

No fee 25.00"

SECTION 4. Said title is further amended by striking Code Section 14-3-402, relating to reservation of a corporate name, and inserting in lieu the following:
"14-3-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period.

3344

JOURNAL OF THE HOUSE

(a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-3-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) The owner of a reserved corporate name A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 5. Said title is further amended by striking Code Section 14-9-103, relating to reservation of a limited partnership name, and inserting in lieu thereof the following:
"14-9-103. (a) A person may apply to reserve the use of a limited partnership name under Code Section 14-9-102. If the Secretary of State finds that the limited partnership name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of forming a limited partnership by paying the fee specified in Code Section 14-9-1101. If the Secretary of State finds that the limited partnership name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until the certificate of limited partnership is filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of a certificate of limited partnership, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 6. Said title is further amended in Code Section 14-9-1101, relating to filing fees for limited

FRIDAY, APRIL 25, 2003

3345

partnerships, by striking paragraphs (1), (2), and (3) and inserting in lieu thereof new paragraphs (1), (2), and (3) and by inserting at the end a new paragraph (9) to read as follows:

"(1) Filing a certificate of limited partnership

$60.00 100.00

(2) Filing a registration of a foreign limited partnership

170.00 225.00

(3) Filing an annual registration

15.00 30.00"

"(9) Application for reservation of a name

25.00"

SECTION 7. Said title is further amended by striking Code Section 14-11-208, relating to reservation of a limited liability company name, and inserting in lieu thereof the following:
"14-11-208. (a) A person may apply to reserve the use of a limited liability company name that meets the requirements of subsection (a) of Code Section 14-11-207. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of forming a limited liability company by paying the fee specified in Code Section 14-11-1101. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of organization are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of organization, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."

SECTION 8. Said title is further amended by striking paragraphs (1), (5), (9), and (13) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, and inserting in lieu thereof the following:

"(1) Articles of organization

$75.00 100.00"

"(5) Application for certificate of authority to transact business

200.00 25.00"

"(9) Application for reservation of a name

No fee 25.00"

3346

JOURNAL OF THE HOUSE

"(13) Annual registration (foreign or domestic)
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

25.00 30.00"

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

N Day Dean Deloach
N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
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
Heckstall N Hembree Y Henson
Hill, C

N 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 N Jones Y Jordan N Joyce N Keen N Knox N Lane Y Lewis N Lord
Lucas N Lunsford Y Maddox
Mangham Manning Y Marin N Martin N Massey N Maxwell Y McBee 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 N Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice
Richardson N Roberts, J Y Roberts, L N 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
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 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, the ayes were 101, nays 62.

FRIDAY, APRIL 25, 2003

3347

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

Representative Lewis of the 12th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 11.
The Resolution, having received the requisite constitutional majority, was adopted.

Representative Franklin of the 17th would like to be recorded as voting "nay" on HR 358.

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.

3348

JOURNAL OF THE HOUSE

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, limitations, 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide standards for the retention of evidence in criminal cases; to provide for victim notification when an accused files an extraordinary motion for new trial; 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 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 file 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 filing of the motion as provided in paragraph (1) of this subsection shall not automatically stay an execution. (3) The motion shall be verified by the petitioner and shall show or provide the following:
(A) 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) The evidence was not subjected to the requested DNA testing 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) The identity of the perpetrator was, or should have been, a significant issue in the case; (D) The requested DNA testing would raise a reasonable probability that the petitioner would have been acquitted if the results of DNA testing had been

FRIDAY, APRIL 25, 2003

3349

available at the time of conviction, in light of all the evidence in the case; (E) A description of the evidence to be tested and, if known, its present location, its origin and the date, time, and means of its original collection; (F) 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, 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; and (H) The names, addresses, and telephone numbers of all persons or entities who may testify for the petitioner and a description of the subject matter and summary of the facts to which each person or entity may testify. (4) The petitioner shall state: (A) That the motion is not filed for the purpose of delay; and (B) That the issue was not raised by the petitioner or the requested DNA testing was not ordered in a prior proceeding in the courts of this state or the United States. (5) 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 at any hearing conducted pursuant to this subsection. (6)(A) If, after the state files its response, if any, and the court determines that the motion complies with the requirements of paragraphs (3) and (4) 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. (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 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 parties to be heard on the issue of whether the petitioners motion complies with the requirements of paragraphs (3) and (4) 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 (7) of this subsection have been established. (7) The court shall grant the motion for DNA testing if it determines that the petitioner has met the requirements set forth in paragraphs (3) and (4) of this subsection and that all of the following have been established:

3350

JOURNAL OF THE HOUSE

(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. (8) 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. (9) 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 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. (10) 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, including, but not limited to, stains, fluids, or hair samples in the states possession or control. (11) The result of any test ordered under this subsection shall be fully disclosed to the petitioner, the district attorney, and the Attorney General. (12) The judge shall set forth by written order the rationale for the grant or denial of the motion for new trial filed pursuant to this subsection. (13) The petitioner or the state may appeal an order, decision, or judgment rendered pursuant to this Code section."

FRIDAY, APRIL 25, 2003

3351

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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 3 of Chapter 5, relating to disposition of property seized, 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 during the pendency of the case. 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 person who has custody of the physical evidence introduced in the case shall inventory the evidence and create an evidence log within 30 days of the entry of the judgment. The evidence log shall contain the case number, style of the case, description of the item, exhibit number, the name of the person creating the evidence log, and the location where the physical evidence is stored. After the evidence log is completed, the judge shall designate the clerk of court, the prosecuting attorney, or the law enforcement agency involved in prosecuting the case to obtain and store the evidence, and a notation shall appear in the evidence log indicating the transfer of evidence. If evidence is transferred to any other party, the evidence 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 evidence log or the use of a property transfer form that will be filed with the evidence log. When physical evidence, other than audio or video recordings, is transferred to any person or entity, 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, including, but not limited to, stains, fluids, or hair

3352

JOURNAL OF THE HOUSE

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 sought 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, including, but not limited to, 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 that contains biological material, including but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime 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."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-17-12, regarding notification to a victim of an accuseds motion for new trial or appeal including death penalty cases, and inserting in lieu thereof the following:
"(1) That the accused has filed a motion for new trial, or an appeal of his or her conviction, or an extraordinary motion for new trial;".
SECTION 5. 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

FRIDAY, APRIL 25, 2003

3353

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 or denied 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)(4)(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, 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 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 Anderson Ashe
Y Bannister Y Barnard Y Barnes
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 E Bunn

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
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T

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

3354
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 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 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 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

Y Walker, R.L Y Warren Y 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, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 346. By Senators Collins of the 6th, Meyer von Bremen of the 12th, Lee of the 29th, Squires of the 5th and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

Y 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 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 Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

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
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

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 Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall 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
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
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3355
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
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.

SB 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Murphy of the 97th et al. move to amend SB 229 by striking line 1 on page 1 and inserting in lieu thereof the following:

3356

JOURNAL OF THE HOUSE

"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; to provide for a contract to be entered between approved licensed driver schools and applicants; to provide for compliance of driver training schools to be monitored by the department; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when".
By redesignating Sections 1 through 3 as Sections 3 through 5, respectively.
By inserting new Sections 1 and 2 to read as follows:
"SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, in its entirety and inserting in lieu thereof the following:
'(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license.'
SECTION 2. Said Code section is further amended by adding a new subsection (d) to read as follows:
'(d)(1)(A) Any person who possesses a valid instruction permit issued by the department and who successfully completes a course of driver training from a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the

FRIDAY, APRIL 25, 2003

3357

department to administer the testing provided for in this subsection, which course includes a minimum of 30 class hours of instruction and six hours of private in-car training, and who successfully completes an additional 40 minute road test administered by a licensed instructor of such school shall be exempt from the driving examination required by subsection (a) of this Code section for issuance of a drivers license. Upon an applicants successful completion of the eyesight examination and submission of a certificate of completion of the required course and road test examination from an approved licensed driver training school, the department shall issue such person a drivers license without the requirement of further testing. Any person who is exempted from obtaining an instruction permit prior to taking a driver training course pursuant to Code Section 40-5-21 may, after completion of a driver training course from a licensed driver training school and successful completion of a 40 minute road test administered by a licensed instructor of such school, be authorized to be exempted by the department from any additional test of such persons actual driving, but such person shall be required to successfully complete the written drivers license examination and the standard eyesight examination administered by the department as a condition of obtaining a license. The provisions of this subsection shall not apply to any person who is required to use bioptic lenses as a condition of licensure. Such persons shall continue to be subject to the licensing requirements set forth in subsection (c) of this Code section. (B) The department shall, prior to approving a licensed driving school to conduct road tests as provided for in this subsection, make a determination that the school has been licensed for a minimum of five years and has conducted driver education and adult education courses on a full-time basis for such five-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. Prior to approving a licensed driving school to conduct road tests, the department shall charge a fee not to exceed $250.00 as determined by rule or regulation of the department. The department shall develop a standardized sample road test which shall be used by all approved licensed driving schools when administering a road test. A road test score sheet shall be prepared by the licensed driving instructor administering the road test for each individual applicant. The road test score sheet shall indicate the applicants proficiency in each of the following: low-speed maneuvers, including three-point turns and U-turns; parking maneuvers, including parallel parking and parking on a hill, if available; straight driving, right hand turns, and left hand turns in actual traffic conditions, including distance judgment, proper lane selection, use of mirrors, and signaling; yielding and stopping at appropriate traffic lights, signs, and road markings; entering, exiting, and proper lane changes on highways or interstate highways; knowledge of general vehicle instruments and controls; and general competency behind the wheel. The road test score sheet shall be signed by the licensed driving instructor, shall indicate the driving instructors department certificate number, and shall indicate whether the applicant passes or fails the road test. It shall be a misdemeanor for a licensed driving instructor to falsely certify that

3358

JOURNAL OF THE HOUSE

an applicant has successfully demonstrated the required proficiency standard on a road test. Each approved licensed driving school shall maintain the road test score sheet for a period of three years from the date of such test. The licensed driving school instructor shall complete for each student who demonstrates the required competency and proficiency on the road test a certificate of road test completion which the student shall submit to the department as provided in subparagraph (A) of this paragraph. The department shall provide the certificates of road test completion to all authorized licensed driving schools, which certificates shall be sequentially numbered, and at a cost to be determined by the department, which cost shall be set to cover the printing costs of such certificates. (2) An approved licensed driving school shall enter into a contract with each person seeking a testing exemption under paragraph (1) of this subsection. The form of such contract shall be approved by the department and each contract shall be sequentially numbered and shall contain the following information: the licensed name of the driving school; the complete address and telephone number of such school; the applicants full name, street address, and telephone number; the applicants date of birth; the applicants learners permit number and the expiration date or an explanation of why the applicant is exempt from the requirement of a learners permit; the drivers education certificate of completion number; the fee for the road test service; the fee paid by the applicant to the licensed driving school; notice that the applicant may take the road test from the approved licensed driving school or from the department; notice that no part of the fee for such road test shall be refunded unless the failure to conduct such test is solely the fault of the driving school; notice that the terms of the written agreement are governed by the laws of the State of Georgia, that the written agreement constitutes the entire contract between the driving school and the applicant, and that no verbal statement or promise made by any representative of the driving school shall be recognized or given effect; notice that it is a violation of the laws of the State of Georgia to guarantee issuance of a drivers license; and notice that the department is the sole entity authorized to issue drivers licenses in the State of Georgia. The contract may serve as the applicants receipt. Each approved licensed driving school shall maintain a copy of any such contract for a period of three years from the date of such contract. In the event that the road test applicant is under 18 years of age but has completed a teenage driver education program consisting of 30 hours of classroom and six hours of private in-car training, the parent or guardian of such minor may, upon a form approved by the department, give his or her permission for such minor to contract with the approved licensed driving school for the administration of such road test. The permission of such parent or guardian shall be notarized and shall be maintained by the driving school, with the contract, for a period of three years. (3) The compliance of approved licensed driving schools with the requirements of this subsection shall be monitored by the department and the department shall revoke the approval of any licensed driving school to conduct road tests under the provisions of this subsection if it determines that such school is not in full compliance with all such

FRIDAY, APRIL 25, 2003

3359

requirements. The department shall be reimbursed by the licensed driving school for any testing expenses paid to the driving school by the department for an authorized representative of the department who completes a road test administered by the driving school. Reimbursement shall be made within ten calendar days after written submission to the driving school of the necessary information.'"

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
Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs N Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown
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 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 Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath
Heckstall Hembree Y Henson Y Hill, C

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
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E 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
Sailor Y Scott Y Shaw Y 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 Y Snow Y Stanley-Turner Y Stephens, E N 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 N Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Yates Coleman, Speaker

3360

JOURNAL OF THE HOUSE

On the passage of the Bill, as amended, the ayes were 152, nays 9.
The Bill, having received the requisite constitutional majority, was passed, 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.

SB 264. By Senators Stokes of the 43rd and Balfour of the 9th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for the licensing of community living arrangements by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y 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 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 Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley
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 Bruce
Y Buck Y Buckner, D Y Buckner, G E 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

FRIDAY, APRIL 25, 2003

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

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

Y Purcell Y Ralston Y 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 Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3361
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 162, nays 2. The Bill, having received the requisite constitutional majority, was passed.

SB 265. By Senators Thomas of the 10th and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 31-11-53.2 of the Official Code of Georgia Annotated, relating to the use of automated external defibrillators by lay rescuers, so as to require the registration of automated external defibrillators with the Georgia Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y 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 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 N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow

3362
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 E Bunn N Burkhalter Y Burmeister N Butler Y Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Ehrhart N Elrod Y 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
Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K N Heath
Heckstall Y Hembree Y Henson Y Hill, C

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

Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw N 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 N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson
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 141, nays 24. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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 Senate substitute was read:

FRIDAY, APRIL 25, 2003

3363

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; 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 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, is amended by striking Code Section 10-9-20, relating to the creation, composition, officers, and duties of the committee, and inserting in lieu thereof the following:
"10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three five members of the House of Representatives appointed by the Speaker of the House, and three one of whom shall be a member of the minority party, five members of the Senate appointed by the President of the Senate Committee on Assignments, one of whom shall be a member of the minority party, the chairperson of the House Committee on Economic Development and Tourism or his or her designee, and the chairperson of the Senate Economic Development and Tourism Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman chairperson of the committee shall be appointed by the President of the Senate Committee on Assignments from the membership of the committee, and the vice chairman chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman chairperson and vice chairman chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed members position or in the offices of chairman chairperson or vice chairman chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

3364

JOURNAL OF THE HOUSE

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Parrish of the 102nd moved that the House agree to the Senate substitute to HB 225.

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

Y Amerson Y Anderson
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 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
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
Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall 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 E 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 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
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 motion, the ayes were 164, nays 2. The motion prevailed.

FRIDAY, APRIL 25, 2003

3365

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.

The following Senate amendments were read:

Senate Amendment 1
The Senate moves to amend HB 462 by adding on page 5, at the end of line 6, "No owner or operator of a public computer on-line service, Internet service, or local bulletin board service shall be held liable on account of any action taken in good faith in providing the aforementioned services."

Senate Amendment 2
The Senate moves to amend HB 462 by striking line 2 of page 1 and inserting the following:
"offenses, so as to change certain provisions relating to sexual offenses; to change certain provisions relating to pimping; to change certain provisions relating to sexual battery; to include depiction".
By inserting between lines 10 and 11 of page 1 the following:
"amended by striking Code Section 16-6-11, relating to pimping, and inserting in lieu thereof the following:
'16-6-11. A person commits the offense of pimping when he or she performs any of the following acts: (1) Offers or agrees to procure a prostitute for another; (2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution; (3) Directs or transports another person to a place knowing when he or she knows or should know that such the direction or transportation is for the purpose of prostitution;

3366

JOURNAL OF THE HOUSE

(4) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or (5) Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.'

Said title is further".

SECTION 1.1.

Representative Boggs of the 145th moved that the House agree to the Senate amendments to HB 462.

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
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 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
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

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
Lucas Y Lunsford Y Maddox Y Mangham E 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
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 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
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

FRIDAY, APRIL 25, 2003 On the motion, the ayes were 168, nays 0. The motion prevailed.

3367

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.
Representative Smith of the 13th, Post 2 moved that the House adhere to its position in insisting on its substitute to SB 167 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 13th, Post 2, Teilhet of the 34th, Post 2 and Orrock of the 51st.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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

3368

JOURNAL OF THE HOUSE
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 Senate substitute 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 repeal a provision relative to the disclosure of certain personal information; 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 regulations used to establish criminal violations, and inserting in lieu thereof the following:
"27-1-39.

FRIDAY, APRIL 25, 2003

3369

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. 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."
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."

3370

JOURNAL OF THE HOUSE

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

FRIDAY, APRIL 25, 2003

(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 Season license

(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

3371
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

3372

JOURNAL OF THE HOUSE

(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

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

FRIDAY, APRIL 25, 2003

3373

(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

3374

JOURNAL OF THE HOUSE

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

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

FRIDAY, APRIL 25, 2003

(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

3375
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

3376

JOURNAL OF THE HOUSE

(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

FRIDAY, APRIL 25, 2003

3377

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

3378

JOURNAL OF THE HOUSE

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

FRIDAY, APRIL 25, 2003

3379

and transport into this state any untanned alligator hide, skin, or alligator 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.

Representative Lane of the 101st moved that the House agree to the Senate substitute to HB 815.

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

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

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 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 N Joyce

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

3380
Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y 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

JOURNAL OF THE HOUSE

Y Fludd Y Forster N Franklin
Gardner N 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 N Hill, C

Y Keen N Knox
Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin N 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 Y Reece, B Y Reece, S N Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott N Shaw Y Sheldon Y Sholar

On the motion, the ayes were 146, nays 16. The motion prevailed.

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

Representative Barnard of the 121st, 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 Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitute or amendment thereto:

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 25, 2003

3381

Representative Ehrhart of the 28th moved that the House insist on its position in substituting SB 257.
The motion prevailed.

SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Buck of the 112th moved that the House recede from its position in amending SB 292.

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
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 E 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 Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Gardner 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
Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin

Y Mobley Y Moraitakis
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
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 Sims 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

3382
Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
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

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
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 158, nays 0. The motion was prevailed.

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

The Senate moves to amend HB 856 by adding after the semicolon on line 3 of page 1 the following:
"to provide instead for a prohibition with respect to persons who are voting members of boards, commissions, and authorities;".
By striking all matter on line 13 of page 1 and inserting in lieu thereof the following:
"'(b) No person who is a voting member of any board, commission, or authority shall hold any elective office in the City.'"

Representative Barnes of the 84th, Post 2 moved that the House agree to the Senate amendment to HB 856.

FRIDAY, APRIL 25, 2003 On the motion the ayes were 110, nays 0. The motion prevailed.

3383

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 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.

The following Committee substitute was read:

A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define criminal negligence; to provide for legislative findings and intent; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for penalties; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly seeks to protect the well-being of this states children while preserving the integrity of family discipline. The General Assembly believes that balancing the protection of the health and safety of this states children, while preserving a parents right to discipline his or her child, is important to all Georgians and vital to the safety of this states children.

3384

JOURNAL OF THE HOUSE

SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-2-1, relating to the definition of a crime, by designating the existing Code section as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."
SECTION 3. Said title is further amended in Code Section 16-5-70, relating to cruelty to children, by striking subsections (c), (d), and (e) and inserting in lieu thereof the following:
"(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain. (d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. (d)(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (e)(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the second third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment."
SECTION 4. Said title is further amended in Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, by striking paragraph (4) of subsection (a) and inserting in lieu thereof the following:
"(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12-100."

FRIDAY, APRIL 25, 2003

3385

SECTION 5. This Act shall become effective on July 1, 2003, and shall apply to all crimes which occur on or after that effective date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and ruled not germane:

Representatives Mills of the 67th, Post 2 and Walker of the 71st, Post 1 move to amend the Committee substitute to SB 1 as follows:
On page 1, line 13, after the "period" insert the following:
"The General Assembly also believes a woman has the right to know the probable gestational age of the unborn child prior to an abortion being performed and that a woman has the right to be informed of particular medical risks associated with the procedure of abortion. We, the General Assembly of Georgia, believe it is in the best interest of the unborn child that the mother be informed that the father is liable and must assist in the support of her unborn child, even in instances in which the father has offered to pay for the abortion. Therefore; it is the further belief of the General Assembly of Georgia that no abortions should be performed in this State except with the voluntary and informed consent of the female upon whom the abortion is to be performed."

Representative Mills of the 67th, Post 2 et al. move to amend the Committee substitute to SB 1 by inserting after "child" on line 2 of page 2 "who is not less than the gestational age of three months, but is".
By inserting after "pain" on line 3 of page 2 the following:
"; provided, however, that this subsection shall not be applicable to unborn children when such pain is a result of medical or other procedures necessary to save the life of the mother."

The following amendment was read:

Representative Scott of the 138th moves to amend the Committee substitute to SB 1 as follows:

3386

JOURNAL OF THE HOUSE

Page 1 after the word 'children' insert on line 11 ", both born and unborn,".

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 Barnes N Beasley-Teague N Benfield Y Birdsong N Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock N Brooks Y 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
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y 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 Y 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 93, nays 75. The amendment was adopted.

FRIDAY, APRIL 25, 2003

3387

Representative Hill of the 147th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Oliver of the 56th, Post 2 moved that the House reconsider its action in adopting the Scott amendment.

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 N 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

N Day Y Dean
Deloach N 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 Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
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 Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q
Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch.
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 N Smith, T N Smith, V Y Smyre N Snow Y 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 N 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 N Williams, R Y Wix N Yates
Coleman, Speaker

On the motion, the ayes were 88, nays 81. The motion prevailed.

3388

JOURNAL OF THE HOUSE

On the re-adoption of the Scott 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 Y 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
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L 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 Y Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson
Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the re-adoption of the Scott amendment, the ayes were 83, nays 86. The amendment was lost.

Representative Hill of the 147th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Bordeaux of the 125th moved that SB 1 be placed upon the table.

FRIDAY, APRIL 25, 2003

3389

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

N Amerson Y Anderson Y Ashe N Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield N Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges Y Brock N Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D N Buckner, G E Bunn Y Burkhalter N 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 N Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner
Dukes N Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin N Gardner N Golick N Graves, D Y Graves, T N Greene Y Greene-Johnson
Hanner N Harbin Y Harper N Harrell N Heard, J N Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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

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

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

On the motion, the ayes were 95, nays 75. The motion prevailed.

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

SB 136. By Senators Butler of the 55th, Henson of the 41st, Levetan of the 40th and Stokes of the 43rd:

3390

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the interest income from certain reserve funds may be used to pay the operating costs until June 20, 2008; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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 Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter N Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Crawford Y Cummings

N Day Dean
Y Deloach Y Dix
Dodson N Dollar
Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick Y 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 Y Hembree Y Henson N 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall
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 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 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

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 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 Y Yates
Coleman, Speaker

FRIDAY, APRIL 25, 2003 On the passage of the Bill, the ayes were 130, nays 38. The Bill, having received the requisite constitutional majority, was passed.

3391

Representative Rynders of the 137th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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.

The following amendment was read:

The Senate moves to amend HB 857 by adding after the word "five" on line 8 of page 2 the word "voting".
By adding after the end of line 17 of page 2 the following:
"None of the five voting members shall hold elective office in the City of Hampton. However, in addition to the five voting members, the City of Hampton may provide by resolution or ordinance for one or more nonvoting members of the authority who may hold elective office in the City of Hampton and the selection and term of service of any such nonvoting members."

Representative Barnes of the 84th, Post 2 moved that the House agree to the Senate amendment to HB 857.
On the motion the ayes were 110, nays 0.
The motion prevailed.

3392

JOURNAL OF THE HOUSE

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.

The following Senate amendment was read:

The Senate moves to amend HB 448 by inserting after "court;" on line 3 on page 1 "to provide for the disposition of such fees; to provide for a report on the use of such fees;".
By striking line 11 on page 1 and inserting in lieu thereof the following:
"'(a) The fees set forth in Table A of subsection (d) of this section shall be solely for the use of the State Court of Fulton County and shall be so appropriated by the Fulton County Board of Commissioners. The judges of the State Court of Fulton County shall provide an annual report to the Fulton County delegation of the Georgia House of Representatives and the Georgia State Senate that provides a detailed explanation of the use of such funds."

Representative Holmes of the 48th, Post 1 moved that the House agree to the Senate amendment to HB 448.
On the motion the ayes were 110, nays 0.
The motion prevailed.

The Speaker announced the House in recess until 2:30 o'clock this afternoon.

FRIDAY, APRIL 25, 2003 AFTERNOON SESSION

3393

The Speaker called the House to order.

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Stephens of the 51st, and Moody of the 27th.
The Senate has agreed to the House substitutes as amended by the Senate to the following bills of the Senate:
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 244. By Senator Clay of the 37th:

3394

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., 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 provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment as amended by the Senate to the following resolution of the Senate:
SR 23. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
The Senate has agreed to the House substitutes to the following bills of the 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; 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

FRIDAY, APRIL 25, 2003

3395

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 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 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 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 mailing; to provide for related matters; 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.

3396

JOURNAL OF THE HOUSE

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.
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 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

FRIDAY, APRIL 25, 2003

3397

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.
SB 211. By Senators Adelman of the 42nd and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the use by corporations of a single written notice to two or more shareholders with the same address under certain circumstances; to define certain terms; to require certain notice and contents be provided to shareholders in advance of a meeting to restate articles of incorporation; to provide that the terms of a plan of merger or share exchange may be made dependent on facts ascertainable outside of the plan if the manner in which such facts shall operate on the terms of the merger or share exchange are clearly and expressly set forth in the plan; to revise certain provisions concerning mergers with subsidiaries; to provide for related matters; 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:
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 236. By Senators Stephens of the 51st, Lee of the 29th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for additional placement options; to change certain provisions regarding definitions; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 289. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of

3398

JOURNAL OF THE HOUSE

probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general 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.
SB 332. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County shall be nonpartisan elections held at the time of certain November general 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.
SB 372. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendments to 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 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

FRIDAY, APRIL 25, 2003

3399

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 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.
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 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 187. By Senators Hamrick of the 30th, Smith of the 52nd and Mullis of the 53rd:
A BILL to be entitled an Act to enact the "Terrorism Prevention Act of 2003"; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise a reference to the Organized Crime Prevention Council; to change the name of the Organized Crime Prevention Council; to revise the qualifications of the members on the council;

3400

JOURNAL OF THE HOUSE

to revise the powers and duties of the council; to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to revise a reference to the Organized Crime Prevention Council; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 209. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to provide for the DeKalb County Board of Registrations and Elections; to provide for the board as a successor to the board created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; 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 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 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

FRIDAY, APRIL 25, 2003

3401

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.
The Senate has agreed to the House substitutes to the following resolutions of the Senate:
SR 150. By Senator Lee of the 29th:
A RESOLUTION designating SR 41 in Meriwether County as the Dan and Marie Branch Highway; and for other purposes.
SR 171. By Senators Clay of the 37th, Collins of the 6th and Tanksley of the 32nd:
A RESOLUTION designating the historic Dixie Highway Auto Trail; and for other purposes.

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

SB 387. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Richmond 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.

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

SB 388. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Haralson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a

3402

JOURNAL OF THE HOUSE
mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

The following Resolutions of the House were read and adopted:

HR 858. By Representative Wix of the 33rd, Post 1:
A RESOLUTION commending Charles Kennedy Cox; and for other purposes.

HR 859. By Representative Wix of the 33rd, Post 1:
A RESOLUTION commending Timothy Scott Redman; and for other purposes.

HR 860. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Sims of the 130th, Coleman of the 118th and others:
A RESOLUTION commending Honorable Eugene Lawson; and for other purposes.

HR 861. By Representatives Oliver of the 56th, Post 2, Porter of the 119th, Jamieson of the 22nd, Benfield of the 56th, Post 1, Brooks of the 47th and others:
A RESOLUTION honoring Charles Alfred "Chuck" Baker; and for other purposes.

HR 862. By Representatives Purcell of the 122nd, DeLoach of the 127th, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1, Keen of the 146th and others:
A RESOLUTION congratulating and commending First Baptist Church, Pembroke, for more than 150 years of service; and for other purposes.

FRIDAY, APRIL 25, 2003

3403

HR 863. By Representatives Mangham of the 62nd, Thomas of the 43rd, Post 1, Stephenson of the 60th, Post 1, Mobley of the 58th, Mitchell of the 61st, Post 3 and others:
A RESOLUTION commending the Georgia Africa Society of The National Summit on Africa, its members, member organizations, and NSA related providers; and for other purposes.

HR 864. By Representative Burkhalter of the 36th: A RESOLUTION commending Mary Reiling; and for other purposes.

HR 865. By Representative Stephens of the 123rd: A RESOLUTION commending Matthew E. Wilde; and for other purposes.

HR 866. By Representative Jordan of the 83rd:
A RESOLUTION commending the Riverdale High School Lady Raiders basketball team; and for other purposes.

HR 867. By Representative Stephens of the 123rd:
A RESOLUTION recognizing Liberty Day in Georgia; and for other purposes.

HR 868. By Representatives Sheldon of the 71st, Post 2 and Cooper of the 30th:
A RESOLUTION commending Donald Paul Schaffner, M.D.; and for other purposes.

HR 869. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd:
A RESOLUTION honoring the memory of Annette Howell Turner; and for other purposes.

3404

JOURNAL OF THE HOUSE

HR 870. By Representatives Martin of the 37th, Burkhalter of the 36th and Campbell of the 39th:
A RESOLUTION congratulating and commending Sean D. Bailey; and for other purposes.

HR 871. By Representative Channell of the 77th: A RESOLUTION commending Marjorie Ellenberg; and for other purposes.

HR 872. By Representative Ehrhart of the 28th:
A RESOLUTION recognizing and commending Junior Girl Scout Troop 910 of the Wildhorse Creek Service Unit, a part of the Northwest Georgia Girl Scout Council; and for other purposes.

HR 873. By Representative Elrod of the 25th:
A RESOLUTION commending the Commerce Competitive Cheereleading Team; and for other purposes.

HR 874. By Representative Elrod of the 25th:
A RESOLUTION honoring the life of Coy C. Williamson, Jr., and expressing regret at his passing; and for other purposes.

HR 875. By Representative Elrod of the 25th:
A RESOLUTION commending Jackson County High School senior Jason Powers; and for other purposes.

HR 876. By Representative Elrod of the 25th:
A RESOLUTION commending Blacks Creek Baptist Church; and for other purposes.

FRIDAY, APRIL 25, 2003

3405

HR 877. By Representatives Brooks of the 47th and Sinkfield of the 50th:
A RESOLUTION honoring the Atlanta Suburban Alumnae of Chapter Delta Sigma Theta Sorority, Inc.; and for other purposes.

HR 878. By Representatives Jackson of the 124th, Post 1 and Henson of the 55th:
A RESOLUTION recognizing and commending Douglas J. Giorgio, Jr., DDS, President of the Georgia Dental Association; and for other purposes.

HR 879. By Representatives Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A RESOLUTION recognizing Lewis Debreczen Vaughns; and for other purposes.

HR 880. By Representatives Jackson of the 124th, Post 1 and Henson of the 55th:
A RESOLUTION recognizing and commending T. Howard Jones, DMD, president of the American Dental Association; and for other purposes.

HR 881. By Representative Powell of the 23rd:
A RESOLUTION commending the Hartwell Service League; and for other purposes.

HR 882. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of Charles Michael "Mike" Coulter; and for other purposes.

HR 883. By Representative Powell of the 23rd:
A RESOLUTION commending and congratulating Jonathan Shiflet; and for other purposes.

3406

JOURNAL OF THE HOUSE

HR 884. By Representative Powell of the 23rd:
A RESOLUTION celebrating Hart County's Sesquicentennial; and for other purposes.

HR 885. By Representative Powell of the 23rd: A RESOLUTION commending Gary Minyard; and for other purposes.

HR 886. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of Donald "Lance" Roland; and for other purposes.

HR 887. By Representative Powell of the 23rd:
A RESOLUTION honoring the memory of Harvey E. Thompson and expressing regret at his passing; and for other purposes.

HR 888. By Representative Powell of the 23rd: A RESOLUTION commending Joanne Ridgway; and for other purposes.

HR 889. By Representative Powell of the 23rd: A RESOLUTION commending Jodi Dyer; and for other purposes.

HR 890. By Representative Powell of the 23rd:
A RESOLUTION extending condolences on the passing of Eula Mae Oglesby; and for other purposes.

HR 891. By Representative Powell of the 23rd: A RESOLUTION commending Anna Rogers; and for other purposes.

FRIDAY, APRIL 25, 2003

3407

HR 892. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of Doris L. Doster; and for other purposes.

HR 893. By Representative Powell of the 23rd:
A RESOLUTION honoring the life of Archie Smith and expressing regret at his passing; and for other purposes.

HR 894. By Representative Powell of the 23rd:
A RESOLUTION honoring the memory of Broadus "Harold" Allen and expressing regret at his passing; and for other purposes.

HR 895. 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 commending Thomas Sinclair Dickson; and for other purposes.

HR 896. By Representatives Smith of the 76th and Douglas of the 73rd:
A RESOLUTION commending the United States military personnel from Oconee County who served in Iraq; and for other purposes.

HR 897. By Representatives Martin of the 37th, Campbell of the 39th, Jones of the 38th and Burkhalter of the 36th:
A RESOLUTION commending and congratulating the City of Alpharetta; and for other purposes.

HR 898. By Representatives Brooks of the 47th, Holmes of the 48th, Post 1, Thomas of the 43rd, Post 1 and Dean of the 49th:
A RESOLUTION honoring Dr. Bernard Jackson Bridges; and for other purposes.

3408

JOURNAL OF THE HOUSE

HR 899. By Representative Coleman of the 65th:
A RESOLUTION commending Wharton "Paul" Smith IV; and for other purposes.

HR 900. By Representatives Powell of the 23rd, Jamieson of the 22nd, Porter of the 119th, Coleman of the 118th, Buck of the 112th and others:
A RESOLUTION expressing regret at the passing of Honorable William D. (Billy) Milford; and for other purposes.

HR 901. By Representatives Powell of the 23rd, Coleman of the 118th, Porter of the 119th, Buck of the 112th, Jamieson of the 22nd and others:
A RESOLUTION recognizing and commending Wilbur Ogden (Buddy) Tribble; and for other purposes.

HR 902. By Representative Wix of the 33rd, Post 1: A RESOLUTION commending Mayor Joe Jerkins; and for other purposes.

HR 903. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Mitchell of the 61st, Post 3, Stephenson of the 60th, Post 1 and Maddox of the 59th, Post 2:
A RESOLUTION honoring Joyce Dedeaux on the occasion of her retirement; and for other purposes.

HR 904. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Mitchell of the 61st, Post 3, Stephenson of the 60th, Post 1 and Maddox of the 59th, Post 2:
A RESOLUTION commending and congratulating Woody Driskill; and for other purposes.

HR 905. By Representatives Smith of the 87th, Westmoreland of the 86th, Butler of the 88th, Post 1, Harper of the 88th, Post 2 and Brown of the 89th:

FRIDAY, APRIL 25, 2003

3409

A RESOLUTION honoring the life of Laura Louise Melson Newell; and for other purposes.

HR 906. By Representatives Fludd of the 48th, Post 4, Holmes of the 48th, Post 1, Willard of the 40th, Mosby of the 59th, Post 3, Martin of the 37th and others:
A RESOLUTION honoring the life of Aaron J. Blount and expressing sorrow at his passing; and for other purposes.

HR 907. By Representative Golick of the 34th, Post 3: A RESOLUTION commending Schuyler Rector; and for other purposes.

HR 908. By Representative Golick of the 34th, Post 3:
A RESOLUTION commending Danny and Larry Williamson and Williamson Brothers Barbeque; and for other purposes.

HR 909. By Representative Golick of the 34th, Post 3: A RESOLUTION commending Donna Rowe; and for other purposes.

HR 910. By Representatives Douglas of the 73rd and Smith of the 76th:
A RESOLUTION expressing regret at the passing of Edwin Louis Tyson; and for other purposes.

HR 911. By Representatives Jenkins of the 93rd, Snow of the 1st, Twiggs of the 8th, Coleman of the 118th, Parrish of the 102nd and others:
A RESOLUTION commending C. David Saye; and for other purposes.

HR 912. By Representatives Jenkins of the 93rd and Graves of the 106th:
A RESOLUTION recognizing and commending Zachary H. Smith; and for other purposes.

3410

JOURNAL OF THE HOUSE

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 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.

Representative Porter of the 119th moved that the House insist on its position in substituting SB 113.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Ehrhart of the 28th moved that the House adhere to its position in insisting on its substitute to SB 257 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, APRIL 25, 2003

3411

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 8th, Channell of the 77th and Ehrhart of the 28th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Senate substitute was read:

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; to revise language referring to registration while incarcerated; to provide for annual photographs of offenders at the time of annual registration; to provide for exclusions of certain liability in certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking the Code section and inserting in lieu thereof a new Code section to read as follows:
"42-1-12. (a) As used in this Code section, the term:
(1) 'Appropriate state official' means:

3412

JOURNAL OF THE HOUSE

(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) 'Board' means the Sexual Offender Registration Review Board. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation. (3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section. (4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution;

FRIDAY, APRIL 25, 2003

3413

(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, or distributing, or possessing any material depicting a minor or a portion of a minors body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; or (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (x)(xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-61, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (9) 'Vocation' means any sort of full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year. (b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current

3414

JOURNAL OF THE HOUSE

address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each persons name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any

FRIDAY, APRIL 25, 2003

3415

offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the courts request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 457-21. (C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate

3416

JOURNAL OF THE HOUSE

state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status, the person shall give the new information to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of information. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of information; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system Criminal Justice Information System of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system the Criminal Justice Information System network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school name, school address, enrollment status, and employment and vocation address and status. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of

FRIDAY, APRIL 25, 2003

3417

residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority or who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address, and employment, and vocation information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. Upon the persons registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register:
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the persons temporary address, permanent address in the persons state of residence, employment and vocation address and status, and school name, school address, and enrollment status. Upon the persons registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the persons fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment and vocation address and

3418

JOURNAL OF THE HOUSE

status, school name, school address, or enrollment status. (4) A person who is required to register under any provision of this Code section shall:
(A) Report in person within ten days of release from prison, placement on probation, parole, or supervised release to the appropriate sheriffs office of the county or counties where the person resides, is employed, or attends school. A person who is so required to register must provide his or her street address to the sheriff of the persons county of residence; (B) Report in person within ten days to the appropriate sheriff or sheriffs if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status; (C) In the event of a move to a new state, advise the sheriff of the county where the person last registered of his or her impending move within ten days of moving. He or she shall also report to the designated law enforcement agency in the new state of residence within ten days of arrival at the new residence; (D) Read and sign the offender registration notification form at the time of registration; and (E) Report in person to the sheriff of the persons county of residence within ten days of the anniversary date of the original registration with the offenders verification form from the Georgia Bureau of Investigation. (c)(1) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system Criminal Justice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the persons county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system Criminal Justice Information System network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in this state shall provide the name, address, and county of each institution including

FRIDAY, APRIL 25, 2003

3419

each campus attended and the persons position or enrollment status, as well as any change in enrollment, employment, or vocation status. The requirements of this This paragraph shall be accomplished in a manner specified in subparagraphs (b)(1)(A), (b)(1)(B), (b)(3)(A), (b)(3)(D), and (b)(3)(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution of higher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies having jurisdiction where an institution of higher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. Section 1092 (f)(1) and 42 U.S.C. Section 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigations Web page Internet website. (c.1)(1) On an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders. The Department of Education shall make such information available to any private school upon request. (2) The Office of School Readiness shall provide, on a one time one-time basis, information to all child care programs regulated pursuant to Code Section 20-1A-5 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (3) The Department of Human Resources shall provide, on a one time one-time basis, information to all day care and group day care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (d)(1) For a person required to register under subparagraph (b)(1)(A) of this Code section, on each anniversary of the persons initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;

3420

JOURNAL OF THE HOUSE

(B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form Upon receipt of the verification form the person shall be required to report in person to the sheriff of the persons county of residence within ten days of the anniversary date; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and (D) The person shall report to the sheriff of the persons county of residence to be photographed every year within ten days of the anniversary date of the original registration; and (D)(E) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, during which time all registration requirements shall be stayed. Upon release from incarceration, the person shall report to the sheriff of the persons county of residence within ten days from the date of release from incarceration, until: (1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person: (A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to

FRIDAY, APRIL 25, 2003

3421

comply with the requirements of this Code section or who provides false information shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (m) No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for the failure to disclose in any real estate transaction any information which is provided or maintained or required to be provided or maintained in accordance with this Code section. No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section

3422

JOURNAL OF THE HOUSE

43-40-1 for revealing any information provided or maintained or required to be provided or maintained in accordance with this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Boggs of the 145th moved that the House agree to the Senate substitute to HB 463.

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
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 N Buckner, G E Bunn Y Burkhalter
Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

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 N Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D 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 Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham E 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 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 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
Smith, L Y Smith, P Y Smith, T Y Smith, V
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
Wix Y Yates
Coleman, Speaker

FRIDAY, APRIL 25, 2003 On the motion, the ayes were 153, nays 2. The motion prevailed.

3423

Representative Floyd of the 132nd stated that he inadvertently voted "nay" on the preceding roll call. He 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 following Senate substitute was read:

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; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for extended filing and payment dates with respect to certain returns which have been electronically filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-3-28, to be designated Code Section 48-3-29, to read as follows:
"48-3-29. The commissioner may publish in the media or on the Internet for public access any or all information with respect to executions issued for the collection of any tax, fee,

3424

JOURNAL OF THE HOUSE

license, penalty, interest, or collection costs due the state which are recorded on the public records of any county. The publication provided for in this Code section shall not constitute an unlawful disclosure of any information even though the executions giving rise to the information may be subsequently partially paid, paid and canceled, or withdrawn. The commissioner shall provide for the removal of such information as published under this Code section as soon as reasonably possible after the execution has been satisfied or withdrawn."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 48-2-54, to be designated Code Section 48-2-54.1, to read as follows:
"48-2-54.1. The commissioner is authorized to charge to the taxpayers account any costs or fees which are charged to the commissioner by the United States Treasury Financial Management System for offsetting federal refund claims against any tax liability which is owed by a taxpayer to the state and for which the commissioner has the responsibility for collection."
SECTION 3. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking divisions (a)(5)(A)(viii) and (a)(5)(A)(ix) and inserting in their place the following:
"(viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1 2007, retirement income from any source not to exceed an exclusion amount of $55,000.00; and (xi) For taxable years beginning on or after January 1, 2007, retirement income from any source not to exceed an exclusion amount of $65,000.00."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 48-7-56, relating to time and place for filing returns, and inserting in its place a new subsection (a) to read as follows:
"(a) Returns of taxpayers other than corporations shall be filed with the commissioner on or before April 15 in each year except that in the case of taxpayers using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year. However, in the case a taxpayers return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after

FRIDAY, APRIL 25, 2003

3425

January 1, 2003, because the taxpayer has electronically filed returns, the date the return shall be filed shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. Returns of corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns required for a taxable year relating to returns of domestic import sales corporations and former domestic import sales corporations and foreign sales corporations shall be filed on or before the fifteenth day of the ninth month following the close of the taxable year. The commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on the usual form, shall be plainly marked 'tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer."
SECTION 5. Said title is further amended by striking Code Section 48-7-80, relating to time and place of payment of tax on basis of calendar or fiscal year, and inserting in its place a new Code Section 48-7-80 to read as follows:
"48-7-80. The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. However, in the case a taxpayers return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date of payment shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. The total amount of tax imposed by this chapter on corporations shall be paid to the commissioner on or before March 15, following the close of the calendar year. If the return of a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the third month following the close of the fiscal year."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

3426

JOURNAL OF THE HOUSE

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 140th moved that the House disagree to the Senate substitute to HB 556.
The motion prevailed.

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 Senate substitute was read:

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.

FRIDAY, APRIL 25, 2003

3427

(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 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,

3428

JOURNAL OF THE HOUSE

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, 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 transferred by a payment card processor and 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

FRIDAY, APRIL 25, 2003

3429

that are electronically transferred by a payment card processor and 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 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

3430

JOURNAL OF THE HOUSE

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, 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 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 chapter 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 chapter 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 violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Moraitakis of the 42nd, Post 4 moved that the House agree to the Senate substitute to HB 213.

On the motion, 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

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

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 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 Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snow Stanley-Turner Y Stephens, E

Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
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

FRIDAY, APRIL 25, 2003

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
Hembree Y Henson Y Hill, C

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 E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

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

On the motion, the ayes were 157, nays 0. The motion prevailed.

3431
Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M
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

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitute or amendment thereto:

SB 193. By Senators Moody of the 27th, Brush of the 24th, Clay of the 37th, Tate of the 38th and Unterman of the 45th:
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 schools, so as to revise provisions relating to procedures for terminating or suspending contracts for teachers and for nonrenewal of contracts for certain teachers; to provide for a pool of impartial persons who have expertise in education but are not employees of the local board or the state board; to provide for selection of three tribunal members from such pool; to provide for hearing before a tribunal; to remove a provision for appeal to the state board; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment under Code Section 20-2-942; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

3432

JOURNAL OF THE HOUSE

Representative Lucas of the 105th moved that the House recede from its position in amending SB 193.

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 N 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
Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod
Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
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 Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James N Jamieson Y 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 E Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Moraitakis
Y Morris Mosby
Y Mosley N Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M N O'Neal
Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall N 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 Sinkfield
Y Skipper N Smith, B N Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
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
Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Wix N Yates Coleman, Speaker

On the motion, the ayes were 82, nays 76. The motion was was lost.

Representative Porter of the 119th moved that the House reconsider its action in failing to recede from its position in amending SB 193

FRIDAY, APRIL 25, 2003

3433

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 N 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
Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod
Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
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 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 Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y 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 Y Parrish N Parsons Y Porter
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 Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N 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 Y Watson N Westmoreland N White
Wilkinson Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Coleman, Speaker

On the motion, the ayes were 91, nays 74. The motion prevailed.

On the motion that the House recede from its position in amending SB 193, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard

N Day Dean
Y Deloach N Dix Y Dodson

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

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley

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

3434

JOURNAL OF THE HOUSE

Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N 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
Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

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 N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Howard Y Howell N 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 N Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills Y Mitchell

N Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell Y 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

On the motion, the ayes were 92, nays 72. The motion prevailed.

Y Smith, P Y Smith, T N Smith, V Y Smyre N 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 N Twiggs
Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White
Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Y Wix Yates Coleman, Speaker

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

FRIDAY, APRIL 25, 2003 repeal conflicting laws; and for other purposes.

3435

Representative Snow of the 1st moved that the House insist on its position in substituting SB 169.
The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:
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 Senate amendments were read:
Senate Amendment 1
The Senate moves to amend HB 319 by adding after "license;" on line 7 of page 1 the following:
"to change certain provisions relating to expiration and renewal of drivers licenses and reexamination requirements;".
By adding after "matters;" on line 8 of page 1 the following:
"to provide effective dates;".

3436

JOURNAL OF THE HOUSE

By redesignating Section 3 as Section 5.
By adding new Sections 3 and 4 to read as follows:
"SECTION 3. Said article 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 an alien 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 from 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. Sections 1, 2, and 4 of this Act shall become effective on July 1, 2003.
Section 3 of this Act shall become effective on January 1, 2004."

Senate Amendment 2
The Senate moves to amend HB 319 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of 'court order for child support'; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable application fee; to provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; to provide for the acceptance of a certification of".
By inserting between lines 10 and 11 of page 1 the following:

FRIDAY, APRIL 25, 2003

3437

"Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:
'(1) "Court order for child support" means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter.'
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
'(c) The department shall accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act.'
SECTION 3. Said title is further amended by adding following subsection (d) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
'(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act.'
SECTION 4. Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the departments duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
'(c) The department shall accept applications from noncustodial parents for services as

3438

JOURNAL OF THE HOUSE

provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection. (d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.'"
By striking lines 11 through 14 of page 1 and inserting in lieu thereof the following:
"SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, and inserting in its place the following:".
By renumbering Sections 2 and 3 of page 2, respectively, as Sections 9 and 10 and inserting between lines 6 and 7 of page 2 the following:
"SECTION 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
'(b)(1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support order which is being enforced under this chapter, as defined in paragraph (1) of Code Section 19-11-3, of their the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation.'
SECTION 7. Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
'(c)(1) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification child support

FRIDAY, APRIL 25, 2003

3439

orders, judicial and administrative in origin, which are subject to enforcement under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved.' '(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15.'
SECTION 8. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following: '(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section.'"

Representative Powell of the 23rd moved that the House disagree to the Senate amendments to HB 319.

On the motion, 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 Day Y Dean Y Deloach Y Dix N Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps Y Fleming

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 N Jenkins Y Jones

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

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

3440
N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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
Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

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

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

On the motion, the ayes were 133, nays 36. The motion prevailed.

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 N Williams, R Y Wix Y Yates
Coleman, Speaker

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 Senate amendment was read:

The Senate moves to amend HB 447 by striking the number and symbol "$75.00" on line

FRIDAY, APRIL 25, 2003

3441

8 of page 6 and inserting in its place the following:
"$75.00 $90.00".
By striking the number and symbol "$15.00" on line 33 of page 6 and inserting in its place the following:
"$15.00 $25.00".
By adding after the word "state" on line 4 of page 10 the following:
", except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40".

The following amendment was read and adopted:

Representative Powell of the 23rd moves to amend the Senate amendment to HB 447 as follows:
By striking lines 2 - 7 of page 1.

Representative Powell of the 23rd moved that the House agree to the Senate amendment, as amended by the House, to HB 447.

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 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 Hill, C.A Y Hill, V Y Hines
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
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 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

3442
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 Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall McClinton Millar Y Mills Y Mitchell

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

On the motion, the ayes were 165, nays 0. The motion prevailed.

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

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:
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 following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a county board of health and wellness to adopt rules and regulations that are not in conflict with the rules and regulations of the Department of Human Resources; 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 authoritys service area; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 25, 2003

3443

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (4) of subsection (c) of Code Section 31-3-2.1, relating to option for certain counties to create a board of health and wellness by ordinance, and inserting in its place the following:
"(4) The governing authority of the county shall be authorized to adopt a system of rules, regulations, and orders covering health and sanitation within the county, and such system of rules, regulations, and orders may be based on recommendations by the county board of health and wellness and shall not be in conflict with the rules and regulations of the department. Such rules, regulations, and orders when adopted shall be recorded on the minutes of the governing authority of such county, and a certified copy thereof shall be furnished to the department of health and wellness of such county and to the department;".
SECTION 2. Said title is further amended by striking paragraph (25) of Code Section 31-7-75, relating to functions and powers, and inserting in its place the following:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authoritys service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authoritys service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens;".
SECTION 2A. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section following Code Section 51-2-4, relating to liability for torts of independent employee, to read as follows:
"51-2-4.1. (a) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33,

3444

JOURNAL OF THE HOUSE

34, 35, or 39 of Title 43 who provides care or assistance to an individual who has an emergency medical condition within the scope of the health care provider's license, either voluntarily or at the request of a hospital including, but not limited to, any health care provider who is "on call" to a hospital. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and that operates an emergency room that provides care or assistance to individuals who have an emergency medical condition. This term shall also include any employee of the hospital who provides care or assistance to individuals within the scope of his or her employment, whether or not the person is a health care provider. (b) A hospital or health care provider shall not be vicariously liable for the actions of a physician engaged as an independent contractor unless there is an independent act of negligence and an actual employment relationship exists between the physician and hospital or health care provider."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dodson of the 84th, Post 1 moved that the House disagree to the Senate substitute to HB 372.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 244. By Senator Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., 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 provide a limitation on the total number of semester hours or quarter hours an eligible student may receive a tuition equalization grant; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 25, 2003 The following Senate amendment was read:

3445

The Senate moves to amend the House substitute to SB 244 by striking line 6 of page 1 and inserting in lieu thereof the following:
"to be eligible for certain scholarships and grants administered by the Student Finance Authority; to provide for an effective date; to repeal".
By striking lines 2 through 8 of page 2 and inserting in lieu thereof the following:
"Said chapter is further amended in Code Section 20-3-316, relating to powers and duties of the Student Finance Authority, by striking paragraph (4) and inserting in lieu thereof the following:
'(4) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the authority may reasonably require. A person may not be denied state student financial aid by reason of failure to present himself for and submit to registration under Section 3, 50 U.S.C. Appx. 453, if the requirement for the person to so register has terminated or become inapplicable to the person; and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register;'"

Representative Hembree of the 46th moved that the House agree to the Senate amendment to the House substitute to SB 244.

On the motion, 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
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
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 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

3446
Y Bridges Y Brock Y Brooks Y Broome Y Brown
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
Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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 E 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
Lunsford Y Maddox
Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
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
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 motion the ayes were 161, nays 0. The motion prevailed.

Y Stephenson 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

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

FRIDAY, APRIL 25, 2003

3447

COMMITTEE OF CONFERENCE REPORT ON HB 598

The Committee of Conference on HB 598 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 598 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Robert Lamutt Senator, 21st District

/s/ Ben Harbin Representative, 80th District

/s/ Tim Golden Senator, 8th District

/s/ Jimmy Lord Representative, 103rd District

/s/ David Shafer Senator, 48th District

/s/ Dodson Representative, 84th District, 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; to provide that any person who with intent to defraud subscribes, makes, or concurs in making an annual or other statement required by law to be filed with the commissioner containing a false material statement commits insurance fraud; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9. (a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing:

3448

JOURNAL OF THE HOUSE

(A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such persons own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) Any natural person who knowingly and willfully or with reckless disregard engages in the following activities, either directly or indirectly, as an agent for, as a representative of, or on behalf of an insurer not authorized to transact insurance in this state commits the crime of insurance fraud: (1) Soliciting, negotiating, procuring, or effectuating insurance or annuity contracts or renewals thereof; (2) Soliciting, negotiating, procuring, or effectuating any contract relating to benefits or services; (3) Disseminating information as to coverage or rates; (4) Forwarding applications; (5) Delivering policies or contracts; (6) Inspecting or assessing risk; (7) Fixing of rates; (8) Investigating or adjusting claims or losses; (9) Collecting or forwarding of premiums; or (10) In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. (c) Any natural person who knowingly and willfully with intent to defraud subscribes, makes, or concurs in making any annual or other statement required by law to be filed with the commissioner containing any material statement which is false commits the crime of insurance fraud. (b)(d) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurers agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c)(e) A person convicted of a violation of subsection (a) of this Code section shall be

FRIDAY, APRIL 25, 2003

3449

guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (f) Subsection (b) of this Code section shall not apply to a contract of insurance entered into in accordance with Article 2 of Chapter 5 of this title."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 80th moved that the House adopt the report of the Committee of Conference on HB 598.

On the motion, 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 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 Casas Y Chambers Y Channell Y Childers Y Coan

Y Day Dean
Y Deloach Y Dix
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
Hanner Y Harbin Y Harper E 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 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 Maddox Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall

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 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 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 N Williams, E

3450
Y Coleman, B Cooper
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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 motion, the ayes were 162, nays 1. The motion prevailed.

Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate substitute was read:

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

FRIDAY, APRIL 25, 2003

3451

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 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 and revise definitions; to authorize the commission to collect and remit certain tax payments; to change certain provisions relating to licensing of boxers in certain circumstances; 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; to provide for reports and tax payments by promoters; to provide that making a willfully false and fraudulent report is perjury; to provide a penalty for willful failure to make a report and pay taxes; to clarify a provision making it unlawful for persons other than ticket brokers to resell tickets or offer tickets for resale; to provide for exceptions; to change certain provisions regarding service charges for the sale of tickets or rights of entry to certain events; to revise provisions relating to maintaining an office; to change provisions relating to requirements for and conduct of ticket brokers; to require the placement of the license number of ticket brokers on certain advertisements; to authorize certain municipal corporations and counties to require permits for persons reselling tickets or offering tickets for resale in certain circumstances; to renumber Code Section 43-4B-40 as 43-4B-21, conform crossreferences, and delete Article 4 of such chapter; to provide for a prohibition from promotion of certain martial arts for certain persons with certain criminal records; 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. 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

3452

JOURNAL OF THE HOUSE

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 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,

FRIDAY, APRIL 25, 2003

3453

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. (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

3454

JOURNAL OF THE HOUSE

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 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:

FRIDAY, APRIL 25, 2003

3455

"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 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;

3456

JOURNAL OF THE HOUSE

(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 Code section 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 Code section 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 Code section 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 Code section 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."
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."

FRIDAY, APRIL 25, 2003

3457

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 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

3458

JOURNAL OF THE HOUSE

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 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."

FRIDAY, APRIL 25, 2003

3459

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:
"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

3460

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3461

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 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

3462

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3463

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 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."

3464

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3465

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 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

3466

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3467

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. Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended in Code Section 43-4B-1, relating to definitions, by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) and by inserting new paragraphs to be designated paragraphs (11.1) and (11.2) to read as follows:
"(11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchasers invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster." "(19) 'Ticket broker' means:
(A) Any any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons."
SECTION 24. Said chapter is further amended in said Code Section 43-4B-1, relating to definitions, by

3468

JOURNAL OF THE HOUSE

striking subparagraph (C) of paragraph (20) and inserting in lieu thereof the following: "(C) Unarmed combat shall not include:
(i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or fullcontact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Shidokan when the competition is governed by the United States Shidokan of the World Karate Association; or (vi)(vii) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF), or the World Kickboxing Association (WKA/MMA Division)."
SECTION 24.1. Said chapter is further amended by adding a new Code Section 43-4B-2.1 to read as follows:
"43-4B-2.1. (a) No person shall directly or indirectly engage in the practice of being a promoter of kick boxing, Muay Thai, Thai boxing, full-contact karate, or mixed martial arts matches, or be employed or otherwise serve as a manager or organizer for any person or entity engaged in the practice of being a promoter of kick boxing, Muay Thai, Thai boxing, full-contact karate, or mixed martial arts matches, who has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony under the laws of this state or any offense that, had it occurred within this state, would constitute a felony under the laws of this state. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. (b) No person or entity shall be retained, employed, or otherwise serve as a sanctioning or ranking body or organization for any kick boxing, Muay Thai, Thai boxing, fullcontact karate, or mixed martial arts match promoted, managed, or organized in violation of subsection (a) of this Code section. (c) Any violation of this Code section shall constitute a misdemeanor of a high and aggravated nature."
SECTION 25. Said chapter is further amended in Code Section 43-4B-4, relating to the authority of the commission relative to boxing, by inserting a new subsection to be designated subsection (l) to read as follows:
"(l) The commission is authorized to receive tax payments in accordance with Code

FRIDAY, APRIL 25, 2003

3469

Section 43-4B-20, and to remit such tax payments to the general treasury."
SECTION 26. Said chapter is further amended in Code Section 43-4B-11, relating to licenses for boxers and nonboxing participants, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such a contract. Any party to such a contract may notify the commission that such a contract has been signed."
SECTION 27. Said chapter is further amended by striking Code Section 43-4B-17, relating to age requirements for boxers, and inserting in lieu thereof the following:
"43-4B-17. (a) No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing. (b) A primary duty of the commission is ensuring that any person whose health does not permit safely engaging in boxing as a contestant is not licensed as a professional boxer. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer and permitted to participate in a professional match, contest, or exhibition of boxing only if such person:
(1) Has participated as a contestant in at least ten professional matches or contests of boxing in the immediately preceding ten years, including at least four professional matches or contests of boxing in the immediately preceding four years; and (2) Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition of boxing by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age. (c) The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older."

3470

JOURNAL OF THE HOUSE

SECTION 28. Said chapter is further amended by inserting new Code sections to be designated Code Section 43-4B-19, 43-4B-20, and 43-4B-21 to read as follows:
"43-4B-19. (a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest:
(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter.

FRIDAY, APRIL 25, 2003

3471

43-4B-20. (a) A promoter holding a match shall, within 72 hours after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:
(1) The gross price charged for the sale or lease of pay per view telecasting and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; (2) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (3) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (b) Where the rights to telecast by pay per view a match or matches held in this state under the supervision of the commission are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, such person is deemed to be a promoter and must be licensed as such in this state. Such person shall, within 72 hours after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) Any written report required to be filed with the commission under this Code section shall be postmarked within 72 hours after the conclusion of the match, and an additional five days shall be allowed for mailing. (d) The written report shall be accompanied by a tax payment in the amount of 5 percent of the total gross receipts exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f) The commission shall remit all tax payments to the general treasury of the state.
43-4B-21. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise

3472

JOURNAL OF THE HOUSE

participate in a professional match, contest, or exhibition of boxing in violation of this article.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 29. Said chapter is further amended by striking Code Section 43-4B-26, relating to requirements for ticket brokers, and inserting in lieu thereof the following:
"43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2)(1) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $400.00 $500.00, and renew the license annually; (3)(2) Pay any local tax required by a local government; and (4)(3) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section."
SECTION 30. Said chapter is further amended by striking Code Section 43-4B-28, relating to ticket

FRIDAY, APRIL 25, 2003

3473

sales, disclosure requirements, restrictions, and refunds, and inserting in lieu thereof the following:
"43-4B-28. (a) The ticket broker shall be required to:
(1) Post at its established place of business Disclose the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held. (d) Any ticket broker offering to resell tickets to an athletic contest or entertainment event through any printed, broadcast, or Internet advertising shall include in such advertising the license number of such ticket broker offering such tickets for resale."

3474

JOURNAL OF THE HOUSE

SECTION 31. Said chapter is further amended in Code Section 43-4B-30, relating to county and municipal ordinances, by inserting a new subsection to be designated subsection (c) to read as follows:
"(c)(1) Municipal corporations and counties in this state are authorized to enact an ordinance requiring an individual reselling tickets or offering tickets for resale in such municipal corporations or in the unincorporated area of such counties to obtain a permit from the municipal corporation or county for such activity if the individual:
(A) Engages in reselling tickets or offering tickets for resale in or on the streets, sidewalks, or other places owned or operated by such municipal corporation or county and open to the public regardless of whether such individual maintains a permanent office or place of business for reselling tickets or offering tickets for resale in this state; or (B) Does not maintain a permanent office or place of business in this state. (2) A municipality or county may charge a fee for such permit not to exceed $150.00. (3) In order to obtain a permit, individuals first must provide proof of licensing under Code Section 43-4B-26 to the municipality or county issuing such permits. (4) The provisions of this Code section shall not apply to an original purchaser for personal use. (5) The provisions of this Code section shall not apply to the delivery of one or more tickets after a sales transaction is completed at a ticket brokers permanent office or place of business in this state."
SECTION 32. Said chapter is further amended by striking Article 4, consisting of Code Section 43-4B40, relating to penalties relative to Article 2, which Article 4 reads as follows:
"ARTICLE 4 43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall,

FRIDAY, APRIL 25, 2003

3475

upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 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 following amendment was read and adopted:

Representative Powell of the 23rd moves to amend the Senate substitute to HB 194 by striking lines 6 and 7 of page 2 and inserting in lieu thereof the following:
"chapter; to provide for related matters; to repeal conflicting laws; and".
By striking lines 2 through 21 of page 21 and inserting in lieu thereof the following:
"endorsed by the International Sport Combat Federation (ISCF).'"

Representative Powell of the 23rd moved that the House agree to the Senate substitute, as amended by the House, to HB 194.

On the motion, 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

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

Y Mobley Moraitakis
Y Morris 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

3476
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 N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Drenner Y Dukes
Ehrhart N Elrod Y 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
Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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 Y Mangham E Manning
Marin Y Martin Y Massey Y Maxwell Y McBee
McCall 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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 150, nays 8. The motion prevailed.

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 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 Wix Y Yates Coleman, Speaker

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitutes and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bills of the Senate:
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

FRIDAY, APRIL 25, 2003

3477

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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Kemp of the 46th, Price of the 56th, and Tolleson of the 18th.
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Mullis of the 53rd, Lee of the 29th, and Bowen of the 13th.
The Senate insists on its amendments to the following bill of the House:
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 Senate insists on its substitute to the following bill of the House:

3478

JOURNAL OF THE HOUSE

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:
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 Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
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 Senate has passed as amended, by the requisite constitutional majority, the following bills and resolution of the House:
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.
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.

FRIDAY, APRIL 25, 2003

3479

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

3480

JOURNAL OF THE HOUSE

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 Senate recedes from its position in substituting the following bill of the House:
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 Senate has agreed to the House substitutes to the following bills of the Senate:
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.
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

FRIDAY, APRIL 25, 2003

3481

for corporations, nonprofit corporations, limited partnerships, and limited liability companies; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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 in certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.
HB 527. By Representatives Sims of the 130th and Walker of the 115th:
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.
HB 947. By Representative Elrod of the 25th:
A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications,

3482

JOURNAL OF THE HOUSE

powers, duties, rights, and liabilities; and for other purposes.
HB 1004. By Representatives Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:
A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Dalton and Whitfield County; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bills of the House:
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.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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:

FRIDAY, APRIL 25, 2003

3483

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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 770
The Committee of Conference on HB 770 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 770 be adopted.

3484

JOURNAL OF THE HOUSE

FOR THE SENATE:
/s/ Charles C. Clay Senator, 37th District
/s/ Michael S. Meyer von Bremen Senator, 12th District
/s/ Charlie Tanksley Senator, 32nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ DuBose Porter Representative, 119th District
/s/ Tom Bordeaux Representative, 125th District
/s/ Stephanie Stuckey Benfield Representative, 56th District, Post 1

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 create the Georgia Public Defender Standards Council; to provide for membership, appointment, and terms of office; to provide for duties; to provide for a director of the council and the directors duties and responsibilities; 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 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 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 provide for alternative systems for the delivery of criminal defense for indigent persons; to provide for conditions and procedures; to authorize third-year law students to assist circuit public defenders; to provide qualifications; 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

FRIDAY, APRIL 25, 2003

3485

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 the capital 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 capital 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 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 Georgia Public Defender Standards Council shall be an independent agency within the judicial branch of state government. (c) The council shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.

3486

JOURNAL OF THE HOUSE

17-12-2. As used in this chapter, 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. (5) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter.
17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 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 as further set forth in paragraph (2) of this subsection. 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) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state are represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:
(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in

FRIDAY, APRIL 25, 2003

3487

judicial administration district 10; (B) For the first subsequent council appointments:
(i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and

3488

JOURNAL OF THE HOUSE

(v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender council member shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (3) of this subsection shall be filled by the appointing authority; and (6) 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 solicit 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

FRIDAY, APRIL 25, 2003

3489

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) Shall appoint a director; (9) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (10) 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 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) To be eligible for appointment as the councils director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the directors salary.
(b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in

3490

JOURNAL OF THE HOUSE

criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. (3) The director may hire such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council, and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the directors discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Perform other duties as the council may assign.
17-12-6. (a) The council shall assist the public defenders throughout the state in their efforts to

FRIDAY, APRIL 25, 2003

3491

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.
17-12-7. (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 17-12-20 and an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. (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 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

3492

JOURNAL OF THE HOUSE

the general operating budget of the council.
17-12-8. (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 removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation.
17-12-9. 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

FRIDAY, APRIL 25, 2003

3493

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 17-1226. 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.
17-12-10. (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.
17-12-11. (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 17-12-31, 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 appointed state employees provided by law.
17-12-12. 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

3494

JOURNAL OF THE HOUSE

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.
17-12-13. This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3.
ARTICLE 2
17-12-20. (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. Members of the circuit public defender selection panel shall reside in the judicial circuit in which he or she serves. The circuit public defender selection panel members shall serve for a term of five 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 up to four years. The initial appointments shall be for a term of up to four years. (c) A circuit public defender may be removed for cause by a majority vote of the council. (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.
17-12-21. 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

FRIDAY, APRIL 25, 2003

3495

by law.
17-12-22. (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) Attorneys 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.
17-12-23. (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 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. If a city, county, or consolidated government does not contract with the circuit public defender office, the city, county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.
17-12-24. (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

3496

JOURNAL OF THE HOUSE

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.
17-12-25. (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.
17-12-26. (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 or its successor, and the office of the mental health advocate. The councils budget shall not contain any request for funding for the operation of the circuit public defender offices nor any other funding related to funding for this article until the budget submission for Fiscal Year 2005. 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. (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

FRIDAY, APRIL 25, 2003

3497

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.
17-12-27. (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. (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 17-12-30 and 17-12-34. (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)

3498

JOURNAL OF THE HOUSE

of Code Section 17-12-30. 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 $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 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 17-12-30. (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 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. 17-12-28. (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

FRIDAY, APRIL 25, 2003

3499

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 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 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. (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 17-12-26.
17-12-29. (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

3500

JOURNAL OF THE HOUSE

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 17-12-30. (c) All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 17-12-30.
17-12-30. (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 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.

FRIDAY, APRIL 25, 2003

3501

(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.
17-12-31. (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.
17-12-32. 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.
17-12-33. (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.

3502

JOURNAL OF THE HOUSE

17-12-34. 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.
17-12-35. A circuit public defender office may contract with and may accept funds and grants from any public or private source.
17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; (2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time, which request shall be made on or before September 30, 2004. (c) The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council.

FRIDAY, APRIL 25, 2003

3503

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 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

3504

JOURNAL OF THE HOUSE

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.
ARTICLE 4
17-12-80. As used in this article, the term '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.

FRIDAY, APRIL 25, 2003

3505

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 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

3506

JOURNAL OF THE HOUSE

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 'office' means the office of the multicounty public defender created by this 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.

FRIDAY, APRIL 25, 2003

3507

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. (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

3508

JOURNAL OF THE HOUSE

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 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 'office' means the Office of the Georgia Capital Defender created by this article.
17-12-121. There is created the Office of the Georgia Capital 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 and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state.
17-12-122. The Office of the Georgia Capital 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 capital defender; (2) Establishing the salaries of the capital 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

FRIDAY, APRIL 25, 2003

3509

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 capital 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 capital defender shall be appointed by and shall serve at the pleasure of the council. The capital 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 capital defender shall be established by the council.
17-12-126. (a) The capital 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 capital 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 the 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

3510

JOURNAL OF THE HOUSE

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 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,

FRIDAY, APRIL 25, 2003

3511

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 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

3512

JOURNAL OF THE HOUSE

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 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."

FRIDAY, APRIL 25, 2003

3513

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 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

3514

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3515

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.

Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on HB 770.

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 N Butler Y Campbell N Casas Y Chambers Y Channell Y Childers

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N 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
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 N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham E Manning Y Marin Y Martin Y 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 N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N 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
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 Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

3516
Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Sailor N Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 160, nays 14. The motion prevailed.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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 Senate amendments were read:

Senate Amendment 1
The Senate moves to amend HB 327 by inserting on line 4 of page 1 following the word and symbol "meter;" the following:
"to provide for period for certain businesses to continue business operations after the death of the licensee;".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By inserting between lines 3 and 4 of page 2 the following:
"SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (h) to read as follows:

FRIDAY, APRIL 25, 2003

3517

'(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensees death for a period of 90 days following the date of such death.'"

Senate Amendment 2
The Senate moves to amend HB 327 to insert in line 5 of page 1 between the word "exceptions" and the semicolon the words "to application of the chapter".
By striking line 7 of page 2 and inserting in lieu thereof the following:
"(p) This chapter shall not apply to any employee or authorized agent of a regulated gas utility or municipal owned".

Representative Powell of the 23rd moved that the House agree to the Senate amendments to HB 327.

On the motion, 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
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick

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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

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 N Ray

Y 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
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson

3518
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
Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Lucas Y Lunsford
Maddox Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Millar Y Mills Y Mitchell

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 Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 157, nays 7. The motion prevailed.

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 Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SR 234 by inserting before line 1 of page 1 the following:
"PART I".
By inserting at the bottom of page 2 the following:

FRIDAY, APRIL 25, 2003

3519

"PART II
Creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, the Subsequent Injury Trust Fund was created to encourage employment of handicapped persons by providing employers relief from excess liability for compensation when injury to a handicapped employee merges with a preexisting permanent impairment; and
WHEREAS, a major policy determination is necessary to determine the usefulness and viability of the fund.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Subsequent Injury Trust Fund Joint Study Committee to be composed of 12 members as follows: three members of the House of Representatives appointed by the Chairperson of the House Industrial Relations Committee; three members of the Senate appointed by the Senate Committee on Assignments; three members appointed by the Speaker of the House of Representatives representing the insurance industry, organized labor, and the business community; and three members appointed by the Senate Committee on Assignments representing the legal profession, self-insured employers, and the general public. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the co-chairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2003. The committee shall stand abolished on December 1, 2003."

3520

JOURNAL OF THE HOUSE

Representative Smith of the 13th, Post 2 moved that the House agree to the Senate amendment to the House substitute to SR 234.

On the motion, 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 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
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
Hanner Y Harbin
Harper Y Harrell Y Heard, J
Heard, K Y Heath N Heckstall Y Hembree Y Henson
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
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall
McClinton Y Millar Y Mills Y Mitchell

Y Mobley 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
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 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
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 motion the ayes were 157, nays 1. The motion prevailed.

Representative Heckstall of the 48th, Post 3 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, APRIL 25, 2003

3521

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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 Senate amendment was read:

The Senate moves to amend HB 166 by striking the words "duty or" and inserting in lieu thereof the words "duty and" on lines 2 and 7 of page 2.

Representative Ray of the 108th moved that the House agree to the Senate amendment to HB 166.

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

Y Amerson 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 Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar
Dooley Douglas Y Drenner Y Dukes Y Ehrhart Elrod Y Epps Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
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 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
Orrock Y Parham Y Parrish Y Parsons
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
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A Y Thomas, A.M Y Thompson

3522
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
Cummings

JOURNAL OF THE HOUSE

Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Lucas Lunsford Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Y Mitchell

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
Shaw Y Sheldon Y Sholar

On the motion, the ayes were 149, nays 0. The motion prevailed.

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 Coleman, Speaker

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 following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; 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 Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, is amended by

FRIDAY, APRIL 25, 2003

3523

inserting immediately following paragraph (39) a new paragraph to read as follows: "(39A)(a) The clerk of the state court shall collect an additional fee to be known as a 'technology fee' for each civil action filed in said court. The amount of said fee shall be not less than $3.00 nor more than $5.00 per filing. Such fees shall be used exclusively to provide for the technological needs of said court, including, without limitation, computer hardware and software purchases; lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software. (b) The fees collected pursuant to subsection (a) of this section shall be deposited into a technology fund administered by the clerk of said court. Such funds shall be segregated and shall be expended by said clerk only for the purposes authorized in this section. The clerk shall collaborate with the judges of said court to ensure the effective implementation of this subsection. At the end of each calendar year, the clerk shall provide a detailed report of all income and expenditures of the fund to the judges of said court and to the governing authority of Liberty County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 128th moved that the House agree to the Senate substitute to HB 804.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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 following Senate substitute was read:

A BILL

3524

JOURNAL OF THE HOUSE

To amend Article 7 of Chapter 5 of Title 16 and Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating respectively to stalking and family violence, so as to create a new offense relative to violating family violence orders and clarify penalties; to change the duration of temporary protective orders; to provide for 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. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by adding a new Code section to the end of the article to read as follows:
"16-5-95. (a) A person commits the offense of violating a family violence order when the person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which:
(1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order. (b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct."
SECTION 2. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking subsection (c) of Code Section 19-13-4, relating to protective orders and consent agreements, issuance, expiration, and enforcement, and inserting in lieu thereof the following:
"(c) Any such orders order granted under this Code section shall not remain in effect for more than six months up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order."

FRIDAY, APRIL 25, 2003

3525

SECTION 3. Said chapter is further amended by striking Code Section 19-13-6, relating to penalties for violating certain family violence protective orders, and inserting in lieu thereof the following:
"19-13-6. (a) A violation of an order issued pursuant to this article may be punished by an action for contempt or criminally punished as provided in Article 7 of Chapter 5 of Title 16. (b) Any person who violates the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household shall be guilty of a misdemeanor."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 93rd moved that the House agree to the Senate substitute to HB 722.

On the motion, 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 N 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 N Butler Y Campbell Y Casas
Chambers Channell

N Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart
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 Harbin Y Harper Y Harrell Y Heard, J

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

N 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
Parham Parrish Y Parsons 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 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 N Stephens, E N Stephens, R
Stephenson N Stokes Y Stoner N Teilhet Y Teper
Thomas, A Y Thomas, A.M N Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard

3526
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 Y Hill, C

Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 137, nays 15. The motion prevailed.

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

The following Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 120

The Committee of Conference on SR 120 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 120 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ R. Thomas Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Greene Representative, 134th District

/s/ Nathan Dean Senator, 31st District
/s/ Rene D. Kemp Senator, 3rd District

FRIDAY, APRIL 25, 2003
/s/ Buckner Representative, 109th District
/s/ Stephens Representative, 123rd District

3527

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, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; authorizing the conveyance of certain property located in Colquit County, Paulding County, and White County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; and
WHEREAS, Baldwin County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville, the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power Company, Siguard Kviten, the Tennessee Department of Transportation, the Tennessee Valley Authority, the City of Canton, Cherokee County, the City of Cuthbert, and Screven County desire to operate and maintain facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Georgian Forestry Commission, Department of Defense, Department of Natural Resources, Department of Juvenile Justice, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Motor Vehicles, and the State Properties Commission with respect to property under the jurisdiction of their respective departments; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land District of Colquitt County, Georgia, as shown on a plat of survey

3528

JOURNAL OF THE HOUSE

entitled "Doc Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S. Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is a portion of Moultrie Technical College; (4) Colquitt County is desirous of acquiring the above-described property in order to widen and improve Doc Darbyshire Road; (5) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Colquitt County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Paulding County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land District 3rd Section of Paulding County, Georgia, as shown on a plat of survey entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of one acre and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Natural Resources and is a portion of the Picketts Mill State Historic Site, New Hope Marker; (4) New Hope First Baptist Church adjoins the above mentioned historic site and is desirous of acquiring a portion of the site for use as a portion of their parking lot; (5) The Department of Natural Resources has no objection to the conveyance of the above-described property to New Hope First Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District of White County, Georgia, as shown on a White County Tax Plat #24 and containing approximately 5 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and is a portion of the White County Outdoor Therapeutic Center;

FRIDAY, APRIL 25, 2003

3529

(4) The above-described property is not contiguous to the White County Outdoor Therapeutic Center and is separated by Loudsville Road; (5) The adjoining property owners John Tarpley Head, Jr., and Tim Ravan have expressed an interest in acquiring the above-described property; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Georgia Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 320th GMD of Baldwin County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a drawing dated December 13, 2001, prepared by Ingram & Watkins, LLC Consulting Engineers and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water sewer line.
SECTION 4. That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water line.

3530

JOURNAL OF THE HOUSE

SECTION 5. That, after Baldwin County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9. That the consideration for such easement shall be $10.00 and such further consideration

FRIDAY, APRIL 25, 2003

3531

and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 11A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 13.
That the State of Georgia is the owner of the hereinafter described real property in Clarke County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 216th GMD of

3532

JOURNAL OF THE HOUSE

Clarke County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland, Georgia Registered Land Surveyor # 1087 the and on file in the offices of the State Properties Commission,'
and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 15. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 16. That Athens/Clarke County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said sanitary sewer line.
SECTION 17. That, after the Athens/Clarke County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Athens/Clarke County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18. That no title shall be conveyed to Athens/Clarke County and, except as herein specifically granted to Athens/Clarke County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Athens/Clarke County.
SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Athens/Clarke County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the

FRIDAY, APRIL 25, 2003

3533

requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Athens/Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 20. That the easement granted to Athens/Clarke County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 21. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 22. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 23. That the authorization in this resolution to grant the above-described easement to Athens/Clarke County shall expire three years after the date that this resolution becomes effective.
SECTION 23A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

3534

JOURNAL OF THE HOUSE

ARTICLE III SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Crisp County, and the property is in the custody of the Department of Juvenile Justice hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cordele, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer manhole in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer manhole together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 228 of the 10th Land District of Crisp County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing prepared by Keck and Wood, Inc., dated February 12, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 27. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer manhole.
SECTION 28. That the City of Cordele shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer manhole.
SECTION 29. That, after the City of Cordele has put into use the sanitary sewer manhole for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cordele, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of

FRIDAY, APRIL 25, 2003

3535

the State of Georgia or its successors and assigns.
SECTION 30. That no title shall be conveyed to the City of Cordele, and, except as herein specifically granted to the City of Cordele, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cordele.
SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cordele shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cordele. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 32. That the easement granted to the City of Cordele shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 33. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.

3536

JOURNAL OF THE HOUSE

SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Cordele shall expire three years after the date that this resolution becomes effective.
SECTION 35A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 200 of the 23rd Land District of Floyd County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on utility plan sheets C10, C11and C12 entitled "Rome Probation Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

FRIDAY, APRIL 25, 2003

3537

SECTION 39. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
SECTION 40. That Atlanta Gas Light Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas line.
SECTION 41. That, after Atlanta Gas Light Company has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 42. That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.
SECTION 43. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

3538

JOURNAL OF THE HOUSE

SECTION 44. That the easement granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 45. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 47A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 49.
That the State of Georgia is the owner of the hereinafter described real property in Forsyth County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

FRIDAY, APRIL 25, 2003

3539

SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Forsyth County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Forsyth County, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on plat of survey entitled "Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land Surveyor #1615, dated November 7, 2001 and all being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 51. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.
SECTION 52. That Forsyth County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.
SECTION 53. That, after Forsyth County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Forsyth County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 54. That no title shall be conveyed to Forsyth County, and, except as herein specifically granted to Forsyth County, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Forsyth County.

3540

JOURNAL OF THE HOUSE

SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Forsyth County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Forsyth County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 56. That the easement granted to Forsyth County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 57. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58. That this grant of easement shall be recorded by the grantee in the Superior Court of Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That the authorization in this resolution to grant the above-described easement to Forsyth County shall expire three years after the date that this resolution becomes effective.
SECTION 59A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to

FRIDAY, APRIL 25, 2003

3541

the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 61.
That the State of Georgia is the owner of the hereinafter described real property in Habersham County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Alto, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water well in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water well together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 196 of the 10th District of Habersham County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Survey For the Town of Alto", dated May 13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 63. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water well.
SECTION 64. That the City of Alto shall have the right to remove or cause to be removed from said

3542

JOURNAL OF THE HOUSE

easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water well.
SECTION 65. That, after the City of Alto has put into use the water well for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Alto, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 66. That no title shall be conveyed to the City of Alto, and, except as herein specifically granted to the City of Alto, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Alto.
SECTION 67. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Alto shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Alto. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 68. That the easement granted to the City of Alto shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

FRIDAY, APRIL 25, 2003

3543

SECTION 69. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70. That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That the authorization in this resolution to grant the above-described easement to the City of Alto shall expire three years after the date that this resolution becomes effective.
SECTION 71A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 73. That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Corrections and Department of Motor Vehicles, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said

3544

JOURNAL OF THE HOUSE

easement area is located in the 411th GMD in the City of Gainesville, Hall County , Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Allen Creek Regional Sewerage Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia Registgered Land surveyor #2340 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 75. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 76. That The City of Gainesville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 77. That, after the City of Gainesville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 78. That no title shall be conveyed to the City of Gainesville, and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 79. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission

FRIDAY, APRIL 25, 2003

3545

shall in its discretion determine to be in the best interests of the State of Georgia, and the city of Gainesville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Gainesville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 80. That the easement granted to the City of Gainesville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 81. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83. That the authorization in this resolution to grant the above-described easement to the city of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 84A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

3546

JOURNAL OF THE HOUSE

area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
ARTICLE VIII SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Jasper County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia (MEAG), or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in Land Lot 65 of the 16th District of Jasper County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 87. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 88. That MEAG shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 89. That, after MEAG has put into use the electrical transmission lines for which this

FRIDAY, APRIL 25, 2003

3547

easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, MEAG, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 90. That no title shall be conveyed to MEAG and, except as herein specifically granted to MEAG, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to MEAG.
SECTION 91. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and MEAG shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by MEAG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 92. That the easement granted to MEAG shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 93. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

3548

JOURNAL OF THE HOUSE

SECTION 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 95. That the authorization in this resolution to grant the above-described easement to MEAG shall expire three years after the date that this resolution becomes effective.
SECTION 95A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 97. That the State of Georgia is the owner of the hereinafter described real property in McDuffie County, and the property is in the custody of the Department of Technical And Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 98. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines, in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 134th GMD of McDuffie County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "City of Thomson at Augusta Technical Institute" dated March 20, 2002 prepared by John A. Mcgill, Georgia Registered Land Surveyor #1753 and being

FRIDAY, APRIL 25, 2003

3549

on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 99. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 100. That the City of Thomson shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 101. That, the City of Thomson has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 102. That no title shall be conveyed to the City of Thomson and, except as herein specifically granted to the City of Thomson, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Thomson.
SECTION 103. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and

3550

JOURNAL OF THE HOUSE

expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 104. That the easement granted to the City of Thomson shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 105. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 106. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 107. That the authorization in this resolution to grant the above-described easement to the City of Thomson shall expire three years after the date that this resolution becomes effective.
SECTION 107A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 109.

FRIDAY, APRIL 25, 2003

3551

That the State of Georgia is the owner of the hereinafter described real property in Glynn and McIntosh Counties, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 110. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of guy wires and anchors together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in within the boundary of the Altamaha Wildlife Management in Glynn and McIntosh Counties, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural Resources Resolution dated September 25, 2002 under project Altamaha WMA, and being on file in the offices of the State Properties Commission,' and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 111. That the above-described premises shall be used solely for the purpose of, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires and anchors.
SECTION 112. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said guy wires and anchors.
SECTION 113. That, after Georgia Power Company, has put into use the guy wires and anchors for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 114. That no title shall be conveyed to Georgia Power Company and, except as herein

3552

JOURNAL OF THE HOUSE

specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 115. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 116. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 117. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 118. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn and McIntosh Counties, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119. That the authorization in this resolution to grant the above-described easement to Georgia

FRIDAY, APRIL 25, 2003

3553

Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 119A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 121.
That the State of Georgia is the owner of the hereinafter described real property in Morgan County, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 122. That the State of Georgia, acting by and through its State Properties Commission, may grant to Sigurd Kviten, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the boundary of Hard Labor Creek State Park in Morgan County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a drawing
attached as Exhibit "A" to that certain Board of Natural Resources Resolution dated September 25, 2002 listed as Project "Hard Labor Creek State Park" and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

3554

JOURNAL OF THE HOUSE

SECTION 123. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 124. That Sigurd Kviten shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 125. That, after Sigurd Kviten has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Sigurd Kviten, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 126. That no title shall be conveyed to Sigurd Kviten, and, except as herein specifically granted to Sigurd Kviten, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Sigurd Kviten.
SECTION 127. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Sigurd Kviten or its successors and assigns shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Sigurd Kviten. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

FRIDAY, APRIL 25, 2003

3555

SECTION 128. That the easement granted to Sigurd Kviten shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 129. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 130. That this grant of easement shall be recorded by the grantee in the Superior Court of Morgan County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 131. That the authorization in this resolution to grant the above-described easement to Sigurd Kviten shall expire three years after the date that this resolution becomes effective.
SECTION 131A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 132. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 133.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

3556

JOURNAL OF THE HOUSE

SECTION 134. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a bridge in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a bridge together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is more particularly described as follows:
'That portion and that portion only as marked in yellow on a drawing prepared by State of Tennessee Department of Transportation Bureau of Planning and Development and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 135. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said bridge.
SECTION 136. That, after the Tennessee Department of Transportation has put into use the bridge for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 137. That no title shall be conveyed to the Tennessee Department of Transportation, and, except as herein specifically granted to the Tennessee Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Department of Transportation.
SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent

FRIDAY, APRIL 25, 2003

3557

nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 139. That the easement granted to the Tennessee Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 140. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above-described easement to the Tennessee Department of Transportation shall expire three years after the date that this resolution becomes effective.
SECTION 142A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

3558

JOURNAL OF THE HOUSE

area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 144.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in the First Civil District of Hamilton County, Tennessee, within Western and Atlantic Railroad right of way, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as shown on Sheet 1A of US-TVA drawing LW_1938, revision 4 prepared for the Tennessee Valley Authority, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 146. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 147. That, after the Tennessee Valley Authority has put into use the electrical distribution lines which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title,

FRIDAY, APRIL 25, 2003

3559

privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Valley Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 148. That no title shall be conveyed to the Tennessee Valley Authority, and, except as herein specifically granted to the Tennessee Valley Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority.
SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Valley Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Valley Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 150. That the easement granted to the Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 151. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

3560

JOURNAL OF THE HOUSE

SECTION 152. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 153. That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective.
SECTION 153A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 155. That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 156. That the State of Georgia, acting by and through its State Properties Commission, may grant to SED-Gray, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underground supports for a retaining wall in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating underground supports for a retaining wall, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as Grading and Drainage Plan, being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, and on file in the offices of the State Properties Commission,'

FRIDAY, APRIL 25, 2003

3561

and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 157. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground support for a retaining wall.
SECTION 158. That, after SED-Gray, LLC has put into use the underground supports for a retaining wall which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, SED-Gray, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 159. That no title shall be conveyed to SED-Gray, LLC, and, except as herein specifically granted to SED-Gray, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to SEDGray, LLC.
SECTION 160. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and SED-Gray, LLC shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by SED-Gray, LLC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

3562

JOURNAL OF THE HOUSE

SECTION 161. That the easement granted to SED-Gray, LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 162. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 163. That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 164. That the authorization in this resolution to grant the above-described easement to SEDGray, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 164A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 165. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XV SECTION 166.
That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.

FRIDAY, APRIL 25, 2003

3563

SECTION 167. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Canton, Cherokee County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of storm water piping in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating storm water piping, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 159 of the 14th District, 2nd Section of Cherokee County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow as drawing provided by the City of Canton, Cherokee County, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval,'
SECTION 168. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said storm water piping.
SECTION 169. That, after the City of Canton, Cherokee County, has put into use the storm water piping for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Canton, Cherokee County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 170. That no title shall be conveyed to the City of Canton, Cherokee County, and, except as herein specifically granted to the City of Canton, Cherokee County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Canton, Cherokee County.
SECTION 171. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a

3564

JOURNAL OF THE HOUSE

substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Canton, Cherokee County, shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Canton, Cherokee County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 172. That the easement granted to the City of Canton, Cherokee County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 173. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 174. That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 175. That the authorization in this resolution to grant the above-described easement to the City of Canton, Cherokee County, shall expire three years after the date that this resolution becomes effective.
SECTION 175A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

FRIDAY, APRIL 25, 2003

3565

area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 176. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 177.
That the State of Georgia is the owner of the hereinafter described real property in Screven County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 178. That the State of Georgia, acting by and through its State Properties Commission, may grant to Screven County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of roadways in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating roadways, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 37th GMD of Screven County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "Property Survey for Screven County Old River County Road" dated December 17, 2001 and prepared by Warren E. Poythress, Georgia Registered Land Surveyor #1953 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 179. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said roadway.
SECTION 180. That, after Screven County has put into use the roadway for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and

3566

JOURNAL OF THE HOUSE

easement granted herein. Upon abandonment, the Screven County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 181. That no title shall be conveyed to Screven County and, except as herein specifically granted to Screven County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Screven County.
SECTION 182. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Screven County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Screven County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 183. That the easement granted to Screven County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 184. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

FRIDAY, APRIL 25, 2003

3567

SECTION 185. That this grant of easement shall be recorded by the grantee in the Superior Screven County, County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 185A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 186. That the authorization in this resolution to grant the above-described easement to Screven County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 187.
That the State of Georgia is the owner of the hereinafter described real property in Randolph County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 188. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cuthbert, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Land Lot 1 of the 6th District of Randolph County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "City of Cuthbert and State of Georgia" dated August 6, 2002, and prepared by B. H. Langford Jr. Georgia Registered Land Surveyor #2209 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for

3568

JOURNAL OF THE HOUSE

approval.
SECTION 189. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 190. That, after the City of Cuthbert has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the City of Cuthbert, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 191. That no title shall be conveyed to the City of Cuthbert and, except as herein specifically granted to the City of Cuthbert, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cuthbert.
SECTION 192. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cuthbert shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cuthbert. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

FRIDAY, APRIL 25, 2003

3569

SECTION 193. That the easement granted to the City of Cuthbert shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 194. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 195. That this grant of easement shall be recorded by the grantee in the Superior Court of Randolph County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 196. That the authorization in this resolution to grant the above-described easement to the City of Cuthbert County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVIII SECTION 197.
That the State of Georgia is the owner of the above-described Colquit County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 198. That the above-described real property may be conveyed by appropriate instrument to Colquit County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 199. That the authorization in this resolution to convey the above-described property to Colquit County shall expire three years after the date that this resolution becomes effective.

3570

JOURNAL OF THE HOUSE

SECTION 200. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 201. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquit County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 202. That custody of the above-described property shall remain the custody of the Department of Technical and Adult Education until the property is conveyed to Colquit County.
ARTICLE XIX SECTION 203.
That the State of Georgia is the owner of the above-described Paulding County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 204. That the above-described real property may be conveyed by appropriate instrument to New Hope First Baptist Church by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 205. That the authorization in this resolution to convey the above-described property to New Hope First Baptist Church shall expire three years after the date that this resolution becomes effective.
SECTION 206. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 207. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 208. That the deed of conveyance shall be recorded by the grantee in the Superior Court of

FRIDAY, APRIL 25, 2003

3571

Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 209. That custody of the above-described property shall remain the custody of the Department of Natural Resources until the property is conveyed to New Hope First Baptist Church.
ARTICLE XX SECTION 210.
That the State of Georgia is the owner of the above-described White County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 211. That the above-described real property may be conveyed by appropriate instrument to the adjoining property owned, John Tarpley Head and Tim Ravan by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 212. That the authorization in this resolution to convey the above-described property to John Tarpley Head and Tim Ravan shall expire three years after the date that this resolution becomes effective.
SECTION 213. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 214. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 215. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 216. That custody of the above-described property shall remain the custody of the Department of Human Resources until the property is conveyed to John Tarpley Head and Tim

3572

JOURNAL OF THE HOUSE

Ravan.
ARTICLE XXI SECTION 217. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Greene of the 134th moved that the House adopt the report of the Committee of Conference on SR 120.

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
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

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
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 Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Lunsford Maddox Y Mangham E 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
Parrish Parsons 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
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
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 motion, the ayes were 155, nays 1.

The motion prevailed.

FRIDAY, APRIL 25, 2003

3573

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

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.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SB 178 by inserting on line 25 between the word "certification" and the period the following:
", 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".

Representative Orrock of the 51st moved that the House agree to the Senate amendment to the House substitute to SB 178.

On the motion, 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Elrod

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 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 N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E

3574
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
Burmeister N Butler N Campbell Y Casas Y Chambers
Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N 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 Y Heckstall Y Hembree Y Henson
Hill, C

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

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

On the motion the ayes were 135, nays 19. The motion prevailed.

Y Stephens, R Stephenson
Y Stokes Y Stoner Y Teilhet Y 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 N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Hill of the 16th stated that he had been called from the floor during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

FRIDAY, APRIL 25, 2003

3575

A BILL
To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures and requirements with respect to zoning decisions; 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 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-66-6, to read as follows:
"36-66-6. (a) In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each zoning proposal or zoning decision involving land that is adjacent to or within 3000 feet of any military base or military installation or within the 3000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in this Code section, as well as carry out any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the zoning proposal or zoning decision. The absence of a response to such a request will connote consent to the zoning proposal or zoning decision. Any such information provided shall become a part of the public record. (b) The matters with which the planning department or agency and the commander of such military base, military installation, or military airport shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3000 feet of a military base, military installation, or military airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3000 feet of a military base, military installation, or military airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a

3576

JOURNAL OF THE HOUSE

military base, military installation, or military airport; (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal. (c) The written record of such investigation and recommendations by the commander of such military base, military installation, or military airport shall be provided to the planning department or agency and to the Governor in a reasonable and timely manner."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smyre of the 111th et al., was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for additional procedures and requirements with respect to zoning decisions; to amend the "Local Government Code Enforcement Boards Act"; 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 provisions relative to an administrative fine; to repeal certain provisions relative to an environmental court; to specify the venue and form of appeals; to provide for the delivery of notice; to provide for applicability of the foregoing; to make editorial revisions; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section at the end of Chapter 66, relating to zoning procedures, to be designated Code Section 36-66-6, to read as follows:
"36-66-6. (a) In any local government which has established a planning department or other

FRIDAY, APRIL 25, 2003

3577

similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record. (b) The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport; (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal."
SECTION 2. Said title is further amended by striking in its entirety Chapter 74, the "Local Government Code Enforcement Boards Act," and inserting in lieu thereof the following:
"CHAPTER 74 ARTICLE 1

3578

JOURNAL OF THE HOUSE

36-74-1. This chapter shall be known and may be cited as the "Local Government Code Enforcement Boards Act" and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances.
36-74-2. It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
36-74-3. (a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter. (b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
ARTICLE 2
36-74-20. The provisions of this article shall apply to enforcement boards created on or after July 1, 2003.
36-74-4 36-74-21. As used in this chapter article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.

FRIDAY, APRIL 25, 2003

3579

(3) 'Enforcement board' means a local government code enforcement board. (4) 'Local governing body' means the governing authority of the county or municipality, however designated. (5) 'Local governing body attorney' means the legal counselor for the county or municipality. (6) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third party third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.
36-74-5 36-74-22. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a sevenmember code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms

3580

JOURNAL OF THE HOUSE

of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the members office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.
36-74-6 36-74-23. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-12 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-12 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

FRIDAY, APRIL 25, 2003

3581

(c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-12 36-74-29. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-7 36-74-24. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter article. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, or two members of a threemember enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the

3582

JOURNAL OF THE HOUSE

order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.
36-74-8 36-74-25. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
36-74-9 36-74-26. (a) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.
(b)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1000.00 $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for

FRIDAY, APRIL 25, 2003

3583

enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien. (d) If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.
36-74-10 36-74-27. No lien imposed under this chapter article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-11 36-74-28. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-12 36-74-29. (a) All notices required by this chapter article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violators usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriffs advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by

3584

JOURNAL OF THE HOUSE

affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-13 36-74-30. It is the intent of this chapter article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this chapter article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.
ARTICLE 3
36-74-40. The provisions of this article shall apply to enforcement boards created prior to January 1, 2003.
36-74-41. As used in this article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.

FRIDAY, APRIL 25, 2003

3585

(3) 'Enforcement board' means a local government code enforcement board. (4) 'Local governing body' means the governing authority of the county or municipality, however designated. (5) 'Local governing body attorney' means the legal counselor for the county or municipality. (6) 'Repeat violation' means any violation of county or municipal codes or ordinances by an owner or co-owner whom the enforcement board has previously found to be in violation of a code or ordinance within one year prior to such violation. (7) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment or members of the community at large, especially minor children.
36-74-42. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years.

3586

JOURNAL OF THE HOUSE

(5) The local governing body of a county or a municipality may reduce a sevenmember code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the members office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board but in no case shall the local governing body attorney serve in both capacities.
36-74-43. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-49 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-49. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for

FRIDAY, APRIL 25, 2003

3587

correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-49. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-44. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order to comply or an order to pay an administrative fine consistent with powers granted in this article. The findings and conclusions and any order imposed shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, three members of a five-member enforcement board, or two members of a three-member enforcement board must vote in order for the action to be official. (e) An order to comply shall include notice that it must be complied with by a specified date and that an administrative fine may be imposed if the order is not complied with by such date.

3588

JOURNAL OF THE HOUSE

(f) An order to pay a fine shall specify the amount of the fine as determined and voted upon by the enforcement board, as well as the date and time the fine is due. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchaser, successor in interest, or assign if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, and subsequent purchaser, successor in interest, or assign. If an order is recorded in the public records pursuant to this subsection and the fine is paid by the date and time specified in the order, the enforcement board shall issue an order acknowledging that the fine has been paid in full and such order shall be recorded in the public records. A hearing is not required to issue such an order acknowledging the payment of a fine. (g) The enforcement board may issue an order to pay a fine against the violator if the cited violation was not corrected within the time specified on the code inspectors notice or if an order to comply was not satisfied within the time specified in the order, even if said violation was corrected and brought into compliance prior to the hearing at which the fine is imposed.
36-74-45. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
36-74-46. (a)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: (A) The gravity of the violation;

FRIDAY, APRIL 25, 2003

3589

(B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (b) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.
36-74-47. No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-48. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a writ of certiorari governed by Chapter 4 of Title 5 and shall be heard on the record. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-49. (a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; by leaving the notice at the violators usual place of residence with any person residing therein who is over 15 years of age and informing such person of the contents of the notice; or by leaving the notice at the violators usual place of business with a manager or other upper-level employee who is over 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four

3590

JOURNAL OF THE HOUSE

publications being sufficient) in the newspaper in which the sheriffs advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-50. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

FRIDAY, APRIL 25, 2003

3591

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 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 N 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
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 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
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E 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
Porter Powell Y Purcell N 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
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 N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative White of the 3rd, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 97.

By Senators Hamrick of the 30th, Seabaugh of the 28th, Hall of the 22nd and Clay of the 37th:

3592

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, so as to provide that the person responsible for the collection of the real estate transfer tax, the distributions, the making of determinations of whether the tax is due and the performance of the other related duties shall be the clerk of the superior court; to provide that the person responsible for making determinations of whether the tax is due shall be the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, is amended by striking Code Section 48-6-4, relating to payment of real estate transfer tax, certification of payment, and recording of deed, in its entirety and inserting in its place a new Code Section 48-6-4 to read as follows:
"48-6-4. (a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid.
(c)(1) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form or in electronic format prescribed by the commissioner and provided by the commissioner clerk of the superior court. By the

FRIDAY, APRIL 25, 2003

3593

fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded. (2) If the real property is located in more than one county, as a prerequisite to filing any instrument described in Code Section 48-6-1, the filing party shall calculate and disclose to the clerk of the superior court the proportionate amount of real property situated in the county in which the clerk serves and the amount of real estate transfer taxes due and payable for such property. The disclosure shall be made to the clerk of the superior court in each county in which the property is situated. The affidavit shall accompany the disclosure form required in paragraph (1) of this subsection, in the physical or electronic form prescribed by the commissioner and provided by the clerk of the superior court. (d) Upon payment of the correct amount of tax, the clerk of the superior court or his or her deputy shall enter upon or attach to the deed, instrument, or other writing a certification of the fact that the tax as imposed by this article has been paid, the date, and the amount of the tax. The certification shall be signed by the clerk or deputy clerk receiving the tax. The certification may also be attested to electronically by the clerk or deputy clerk in such manner as may be prescribed by the commissioner. (e) The certificate entered upon or attached physically or electronically to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the physical or electronic form required by the commissioner. In each case, however, the certificate shall bear the signature of the clerk or his or her deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this article is required to be recorded in more than one county, the required tax shall be paid to the clerk or his or her deputy of the county in which the deed, instrument, or other writing is first recorded."
SECTION 2. Said chapter is further amended by striking Code Section 48-6-5, relating to the collection of real estate transfer tax and fees, in its entirety and inserting in its place a new Code Section 48-6-5 to read as follows:
"48-6-5. (a) Each clerk of the superior court is designated as an agent of the commissioner for the purpose of shall be responsible for collecting the tax provided in this article. Each clerk may affix certificates to the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this article. Each clerk shall also perform the duties provided in this article. (b) In the performance of the duties imposed by this article, each clerk of the superior court shall be entitled to a fee in addition to all other fees provided by law of 50 for each deed, instrument, or other writing with respect to which a tax is required to be paid

3594

JOURNAL OF THE HOUSE

as provided in this article and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received in payment of the tax and remitted to the commissioner as provided in this article. Fees withheld by a clerk shall be distributed as follows:
(1) In the event the clerk withholding the fees is compensated on a salary basis, the amount of the fees withheld shall be paid into the treasury of the county; or (2) In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this article."
SECTION 3. Said chapter is further amended by striking Code Section 48-6-6, relating to reports of real estate transfer tax, in its entirely and inserting in its place a new Code Section 48-6-6 to read as follows:
"48-6-6. Within 60 days of the end of each calendar year, the clerk of the superior court shall file with the commissioner a report showing the total amount of tax distributed among the state, county, and municipalities during the preceding calendar year. Each clerk of superior court shall remit to the commissioner at least once every 30 days and at more frequent intervals as the commissioner may direct all funds collected by the clerk in payment of the tax imposed by this article and shall make appropriate reports as the commissioner requires."
SECTION 4. Said chapter is further amended by striking Code Section 48-6-7, relating to refunds of erroneously or illegally collected real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-7 to read as follows:
"48-6-7. (a) In any case in which the clerk of the superior court erroneously or illegally collects the tax imposed by this article and remits the tax to the commissioner, the taxpayer from whom the tax was collected may file a claim for refund with the commissioner clerk of the superior court at any time within one year after the date of collection. Each claim for refund shall be made in writing and shall be accompanied by evidence supporting the claim that the collection was erroneous or illegal. The commissioner or his delegate clerk of the superior court shall consider the information contained in the taxpayers claim for refund and other available information, shall approve or disapprove the claim, and shall notify the taxpayer of the decision. (b) A taxpayer whose claim for a refund is denied by the commissioner or his delegate clerk of the superior court or with respect to whose claim no decision is rendered by the commissioner or his delegate clerk of the superior court within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county where the disputed tax was originally collected. The taxpayer shall bring the action for refund against the clerk of the superior court of the county which

FRIDAY, APRIL 25, 2003

3595

collected the disputed tax. The commissioner in his official capacity shall be made a party defendant to the action in order that the interests of the state may be represented in the action. The Attorney General shall represent both defendants in the action. The county governing authority shall provide legal representation for the clerk of the superior court when the clerk is a defendant in an action pursuant to this Code section. If it is determined in the action that an amount claimed by the taxpayer was erroneously or illegally collected, the taxpayer shall be entitled to judgment against the defendant clerk of the superior court in his or her official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. (c) If a claim for refund is allowed by the commissioner clerk of the superior court as provided in subsection (a) of this Code section or if the taxpayer obtains a final judgment as provided in subsection (b) of this Code section, the commissioner clerk of the superior court shall refund the amount erroneously or illegally collected from funds of remitted by the clerk of the superior court who collected the tax. The refund shall be paid and charged in the same proportion that the disputed tax was originally distributed by the commissioner clerk of the superior court as provided in this article."
SECTION 5. Said chapter is further amended by striking Code Section 48-6-8, relating to the distribution of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-8 to read as follows:
"48-6-8. All At least once every 30 days, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner clerk of the superior court."
SECTION 6. Said chapter is further amended by striking Code Section 48-6-70, relating to collection of intangible recording tax on instruments secured by real estate located outside this state, in its entirety and inserting in its place a new Code Section 48-6-70 to read as follows:
"48-6-70. Every resident holder of an instrument securing a long-term note secured by real property located outside of this state including, but not limited to, domestic corporations and foreign corporations having their principal places of business in this state shall file, in lieu of recording the instrument securing any such note, at such periodic intervals as the commissioner by regulation may designate, a memorandum of the instrument with the commissioner clerk of the superior court in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the principal place of business of the taxpayer on forms prescribed by the commissioner or

3596

JOURNAL OF THE HOUSE

in electronic format as prescribed by the commissioner. At the same time as the memorandum is filed, the holder of the instrument shall pay to the commissioner collecting officer the amount of the tax required by this article with respect to the instrument. The revenue from each instrument shall be distributed to the state, counties, and municipalities as if the real property securing the instrument were located in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the principal place of business of the taxpayer."
SECTION 7. Said chapter is further amended by striking Code Section 48-6-71, relating to refunds of erroneously or illegally collected intangible recording tax, in its entirety and inserting in its place a new Code Section 48-6-71 to read as follows:
"48-6-71. The commissioner clerk of the superior court upon his or her own motion or upon the written request of one or more holders of instruments securing notes secured by real property shall render publicly and in writing his or her determination of whether the intangible recording tax provided in this article is payable with respect to a particularly described real property instrument or class of real property instruments or modifications of such instruments. The determination may be in the form of administrative regulations if applicable to a class of real property instruments. A copy of all such determinations shall be retained in the files minutes of the department clerk of the superior court as a permanent and public record. Nonpayment of the tax provided for in this article, with respect to a real property instrument filed for record, in reliance upon a determination rendered by the commissioner clerk of the superior clerk pursuant to this Code section shall not constitute a bar, as provided in Code Section 48-6-77, to the collection of the indebtedness secured by any such instrument."
SECTION 8. Said chapter is further amended by striking Code Section 48-6-74, relating to distribution of intangible recording tax when real property is located in more than one county, in its entirety and inserting in its place a new Code Section 48-6-74 to read as follows:
"48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived from the intangible taxes imposed by Article 3 of this chapter are distributed. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties. If the real property is located in more than one county, as a prerequisite to filing any instrument described in Code Section 48-6-60 subject to the provisions of Code Section 48-6-61, the filing party shall calculate and disclose to the collecting officer the proportionate amount of real property situated in the county in which the collecting

FRIDAY, APRIL 25, 2003

3597

officer serves to facilitate calculation of the amount of intangible recording taxes due upon the security instrument affecting such property. The filing party shall pay the intangible recording taxes on the security instrument to the clerk of the superior court of each county in which the property is situated as provided in Code Section 48-6-61. The disclosure shall be made to the collecting officer in each county in which the property is situated. The disclosure form shall be prescribed by the Council of Superior Court Clerks of Georgia and provided by the collecting officer."
SECTION 9. Said chapter is further amended by striking Code Section 48-6-76, relating to procedure for protesting intangible recording tax; payment under protest; special escrow fund; filing claims; approval or denial by commissioner and action for refund, in its entirety and inserting in its place a new Code Section 48-6-76 to read as follows:
"48-6-76. (a) If a taxpayer files with the collecting officer at the time of payment of tax as provided in Code Section 48-6-61 a written protest in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the collecting officer receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the collecting officer to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certification in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-661 has been paid. Each collection as provided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the commissioner clerk of the superior court or by final judgment in a refund action that the collection was erroneous or illegal. (b) A collecting officer receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Immediately upon receiving a payment under written protest, the collecting officer shall forward to the commissioner clerk of the superior court one executed copy of the protest. (c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner clerk of the superior court. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the collecting officer or said officers successor who collected the protested amount.

3598

JOURNAL OF THE HOUSE

(d) The commissioner clerk of the superior court shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the collecting officer or said officers successor who collected the protested amount of said officers action. If the commissioner clerk of the superior court approves the claim in whole or in part, the collecting officer or said officers successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by said officer, and no appropriation or further authorization shall be necessary to authorize and require the payment to the taxpayer from the special escrow fund.
(e)(1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner clerk of the superior court or with respect to whose claim no decision is rendered by the commissioner clerk of the superior court within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the collecting officer or said officers successor who collected the amount, in said officers official capacity, in the superior court of the county whose official collected the amount. (2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayers claim for refund by the commissioner clerk of the superior court. (3) For the purposes of this Code section, a failure by the commissioner clerk of the superior court to grant or deny the taxpayers claim for refund within the 30 day period shall not constitute a constructive denial of the claim. (f) The commissioner clerk of the superior court in said commissioners clerks official capacity shall be made a party defendant to each action for refund in order that the interests of the state county may be represented in the action, and the Attorney General county attorney shall represent the defendants in each action. If it is determined in the action that the amount claimed by the taxpayer was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official collecting officer in said tax officials collecting officers official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any interest payable on a judgment in favor of the taxpayer in such an action for a period before the judgment becomes final shall be paid by the commissioner clerk of the superior court as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclusive of court costs, shall be paid forthwith to the taxpayer by the defendant county tax official collecting officer from the special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund. (g)(1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismissal of such an action, or upon final judgment in such an action, whichever event occurs first, the collecting officer holding the protested amount in a special escrow

FRIDAY, APRIL 25, 2003

3599

fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for such collecting officers services in collecting the tax. (2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article."
SECTION 10. Said chapter is further amended by striking Code Section 48-6-77, relating to failure to pay intangible recording tax baring action on indebtedness; removal of bar; penalty; conditions under which penalty waived; and acquisition of instrument by holder exempt from tax, in its entirety and inserting in its place a new Code Section 48-6-77 to read as follows:
"48-6-77. (a) Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. However, failure to pay the tax levied by this article shall not affect or discharge the indebtedness and other obligations secured by such instrument or the debtors liability on account thereof and, subject to the bar, such instrument shall continue to secure the indebtedness and other obligations secured thereby and shall continue to encumber the collateral described therein. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax, after which the process to collect the indebtedness, including foreclosure, may proceed as if no bar ever existed. However, if an instrument required to be recorded fails to reflect on its face that the tax levied by this article is due and after a foreclosure has taken place it is discovered that the instrument securing the indebtedness is in fact subject to the tax, any deed given pursuant to the foreclosure or in lieu of foreclosure shall be imperfected but may be perfected by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due plus a penalty of 50 percent of the amount of the tax. Once the tax, interest, and penalty as required in this subsection have been paid, the perfection of the deed will revert back to the date of the deed, and the deed shall retain its priority over any and all intervening liens or conveyances except those conveyances and liens made or created by the grantee, its successors, and assigns named in the foreclosure deed or deed in lieu of foreclosure. These provisions shall have no effect on any instrument subject to the tax on which the statute of limitations has expired. (b) The failure to pay the tax shall not constitute a bar to the collection of the indebtedness as provided in subsection (a) of this Code section when the commissioner

3600

JOURNAL OF THE HOUSE

clerk of the superior court has determined that the tax is not payable. (c) The commissioner clerk of the superior court may waive the penalty provided for in subsection (a) of this Code section if he or she determines that the failure to pay the tax was through ignorance of the law or inadvertence and that the failure did not occur out of bad faith. (d) This Code section shall not apply to instruments acquired at a time when the holder of the instrument was otherwise exempt from the payment of the tax imposed by this article."
SECTION 11. This Act shall become effective on July 1, 2003.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Orrock of the 51st, was read:

A BILL
To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, so as to provide that the person responsible for the collection of the real estate transfer tax, distributions, reporting, and the performance of the other related duties shall be the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, is amended by striking Code Section 48-6-4, relating to payment of real estate transfer tax, certification of payment, and recording of deed, in its entirety and inserting in its place a new Code Section 48-6-4 to read as follows:
"48-6-4. (a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid; provided, however, that any such deed,

FRIDAY, APRIL 25, 2003

3601

instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form or in electronic format prescribed by the commissioner and provided by the commissioner clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded. (d) Upon payment of the correct amount of tax, the clerk of the superior court or his or her deputy shall enter upon or attach to the deed, instrument, or other writing a certification of the fact that the tax as imposed by this article has been paid, the date, and the amount of the tax. The certification shall be signed by the clerk or deputy clerk receiving the tax. The certification may also be attested to electronically by the clerk or deputy clerk in such manner as may be prescribed by the commissioner. (e) The certificate entered upon or attached physically or electronically to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the physical or electronic form required by the commissioner. In each case, however, the certificate shall bear the signature of the clerk or his or her deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this article is required to be recorded in more than one county, the required tax shall be paid to the clerk or his or her deputy of the county in which the deed, instrument, or other writing is first recorded."
SECTION 2. Said chapter is further amended by striking Code Section 48-6-5, relating to the collection of real estate transfer tax and fees, in its entirety and inserting in its place a new Code Section 48-6-5 to read as follows:
"48-6-5. (a) Each clerk of the superior court is designated as an agent of the commissioner for the purpose of shall be responsible for collecting the tax provided in this article. Each clerk may affix certificates to the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this article. Each clerk shall also perform the duties provided in this article. (b) In the performance of the duties imposed by this article, each clerk of the superior court shall be entitled to a fee in addition to all other fees provided by law of 50 for each deed, instrument, or other writing with respect to which a tax is required to be paid as provided in this article and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received in payment of the tax and remitted to the commissioner as provided in this article. Fees

3602

JOURNAL OF THE HOUSE

withheld by a clerk shall be distributed as follows: (1) In the event the clerk withholding the fees is compensated on a salary basis, the amount of the fees withheld shall be paid into the treasury of the county; or (2) In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this article."
SECTION 3. Said chapter is further amended by striking Code Section 48-6-6, relating to reports of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-6 to read as follows:
"48-6-6. Within 60 days of the end of each calendar year, the clerk of the superior court shall file with the commissioner a report showing the total amount of tax distributed among the state, county, and municipalities during the preceding calendar year. Each clerk of superior court shall remit to the commissioner at least once every 30 days and at more frequent intervals as the commissioner may direct all funds collected by the clerk in payment of the tax imposed by this article and shall make appropriate reports as the commissioner requires."
SECTION 4. Said chapter is further amended by striking Code Section 48-6-8, relating to the distribution of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-8 to read as follows:
"48-6-8. All At least once every 30 days, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner clerk of the superior court."
SECTION 5. This Act shall become effective on July 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

FRIDAY, APRIL 25, 2003

3603

Representative Walker of the 115th et al. move to amend the Floor substitute to SB 97 by adding after the word "to" on line 2 of page 1 the following:
"provide that such taxes shall not apply to certain transactions between individuals and related entities; to".
By inserting after the word "amended" on line 9 of page 1 the following:
"by striking Code Section 48-6-2, relating to exemptions, and inserting in its place a new Code section to read as follows:
'48-6-2. (a) The tax imposed by Code Section 48-6-1 shall not apply to:
(1) Any instrument or writing given to secure a debt; (2) Any deed of gift; (3) Any deed, instrument, or other writing to which any of the following is a party: the United States; this state; any agency, board, commission, department, or political subdivision of either the United States or this state; any public authority; or any nonprofit public corporation; (4) Any lease of lands, tenements, standing timber, or other realty or any lease of any estate, interest, or usufruct in any lands, tenements, standing timber, or other realty; (5) Any transfer of real estate between a husband and wife in connection with a divorce case; (6) Any order for years support awarding an interest in real property as provided in Code Section 53-5-11 of the "Pre-1998 Probate Code," if applicable, or Code Section 53-3-11 of the "Revised Probate Code of 1998"; (7) Any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of 12 months prior to the recording of the deed in lieu of foreclosure; (7.1) The deed from the debtor to the first transferee at a foreclosure sale; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 32-3-3; (9) Any deed of assent or distribution by an executor, administrator, guardian, trustee, or custodian; any deed or other instrument carrying out the exercise of a power of appointment; and any other instrument transferring real estate to or from a fiduciary; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration; and (10) Any deed, instrument, or other writing which effects a division of real property among joint tenants or tenants in common if the transaction does not involve any consideration other than the division of the property; and
(11)(A) Any deed, instrument, or other writing through which real property is transferred from one or more individual owners to a corporation, partnership, or other entity if the individual owner or owners of the real property also have a

3604

JOURNAL OF THE HOUSE

majority ownership interest in the corporation, partnership, or other entity to which the property is transferred; or (B) Any deed, instrument, or other writing through which real property is transferred from a corporation, partnership, or other entity to one or more individuals if the individual or individuals to whom the property is transferred also have a majority ownership interest in the corporation, partnership, or other entity by which the property is transferred. (b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown.'
SECTION 2. Said chapter is further amended".
By renumbering Sections 2 through 6 as Sections 3 through 7, respectively.

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 Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn

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 Y Graves, T

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y 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 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
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

FRIDAY, APRIL 25, 2003

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 Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rice Richardson
Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3605
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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 43

The Committee of Conference on HB 43 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 43 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

3606

JOURNAL OF THE HOUSE

/s/ Thomas Price Senator, 56th District
/s/ Don Balfour Senator, 9th District
/s/ Bill Stephens Senator, 51st District

/s/ A. Richard Royal Representative, 140th District
/s/ Keith G. Heard Representative, 75th District
/s/ Jimmy Skipper Representative, 116th District

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2003"; to provide for the comprehensive revision of 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; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for applicability; to adjust the threshold and due dates for electronic funds transfer of withholding taxes; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for a three-year phase in of such exclusion; 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; to provide for conditions and limitations; to change certain provisions regarding income tax credits with respect to certain vehicles and certain electric vehicle chargers; to change the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; to provide for an income tax credit for full-time employee jobs created by certain business enterprises and an income tax credit for investments made by certain business enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to change certain provisions regarding sales and use tax definitions; to provide that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to sales and use tax; to provide that the sale of certain school supplies, clothing, footwear, computers, and computer related accessories shall not be subject to sales and use tax for a limited period of time; to provide that sales of certain tangible personal property to, or used in the construction of, certain aquariums shall not be subject to sales and use tax for a limited period of time; to provide for conditions and limitations; 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

FRIDAY, APRIL 25, 2003

3607

taxes; to change certain provisions with respect to taxation of motor fuels; to change certain provisions regarding dealers sales and use tax returns and compensation; 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 for an excise tax with respect to loose or smokeless tobacco; to change the rate of 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 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 provide for delayed implementation of certain provisions relating to state insurance premium tax credits with respect to certified capital companies; 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 amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require appropriation of funds for homeowner tax relief grants; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Local Tax Revision Act of 2003."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of

3608

JOURNAL OF THE HOUSE

terms, and inserting in its place a new paragraph (14) to read as follows: "(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2003, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2002 2003, except Section 168(k) and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2002 2003, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. For taxable years beginning on or after January 1, 2003, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2003, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. Said title is further amended in Code Section 48-2-32, relating to electronic funds transfer, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f)(1) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the

FRIDAY, APRIL 25, 2003

3609

next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (3)(4) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (4)(5) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (5)(6) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6)(7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department."
SECTION 4. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subparagraph (a)(5)(A) and inserting in its place a new subparagraph (a)(5)(A) to read as follows:
"(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source;

3610

JOURNAL OF THE HOUSE

(iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00; (xi) For taxable years beginning on or after January 1, 2007, and prior to January 1 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00; and (xii) For taxable years beginning on or after January 1, 2008, retirement income from any source not to exceed an exclusion amount of $35,000.00."
SECTION 5. Said title is further amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, by striking "and" at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting in its place "; and", and by adding a new paragraph immediately following paragraph (11) to be designated paragraph (12) to read as follows:
"(12) 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 pursuant to military orders. The exclusion provided under this paragraph:
(A) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and (B) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to military income

FRIDAY, APRIL 25, 2003

3611

earned during the period covered by such military orders."
SECTION 6. Said title is further amended in Code Section 48-7-40.16, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, by striking subsections (b), (c), and (d) and inserting in their place new subsections (b), (c), and (d) to read as follows:
"(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. $2,500.00 per new low-emission vehicle and $5,000.00 per new zero emission vehicle. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in the State of Georgia. The amount of the credit shall be equal to 10 percent of the cost of conversion, not to exceed $2,500.00 per converted vehicle. (d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in the State of Georgia. The amount of the credit shall be $2,500.00 per charger 10 percent of the cost of the charger or $2,500.00, whichever is less."
SECTION 7. Said title is further amended in Code Section 48-7-40.17, relating to the income tax credit regarding establishing or relocating headquarters, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters; (B) Has a regular work week of 30 hours or more; (C) Pays at or above: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is

3612

JOURNAL OF THE HOUSE

located; and (D) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 employs at least 100 persons in new full-time jobs at such headquarters or the headquarters of a subsidiary, defined as the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayers liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new full-time job created, the The credit established by this subsection may be taken for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years, and the taxpayer shall thereafter be ineligible for such credit; provided, however, that such new full-time jobs must be created within seven years from the

FRIDAY, APRIL 25, 2003

3613

close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 100 50 new full-time jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 100 50 new full-time jobs required shall not be affected. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 100 50 new full-time jobs required."
SECTION 8. Said title is further amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project. (3) 'Force majeure' means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the companys job tax credits under this Code section if their employment otherwise

3614

JOURNAL OF THE HOUSE

meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(1), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) 'Withholding start-date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of

FRIDAY, APRIL 25, 2003

3615

a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions:
(1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding startdate; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section;
(2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created

3616

JOURNAL OF THE HOUSE

through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprises quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years

FRIDAY, APRIL 25, 2003

3617

from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayers withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture

3618

JOURNAL OF THE HOUSE

period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 482-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:

FRIDAY, APRIL 25, 2003

3619

(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Force majeure' means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) 'Full-time employee' means an individual holding a full-time employee job. (4) 'Full-time employee job' and 'full-time job' mean employment of an individual which: (A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the companys credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service. (6) 'Job maintenance requirement' means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60

3620

JOURNAL OF THE HOUSE

months of the recapture period must equal or exceed 90 percent of the job requirement. (7) 'Job requirement' means the requirement that the number of full-time employees must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the

FRIDAY, APRIL 25, 2003

3621

taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the

3622

JOURNAL OF THE HOUSE

following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayers Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayers quarterly or monthly payments under Code Section 48-7103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayers ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayers basis in such assets for the purpose of depreciation.
(f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized

FRIDAY, APRIL 25, 2003

3623

by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-740.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, 48-740.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be

3624

JOURNAL OF THE HOUSE

considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) Except as otherwise provided in subsection (a) of this Code section, every employer whose tax withheld or required to be withheld exceeds $200.00 per month is $50,000.00 or less in the aggregate for the lookback period is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $50,000.00 in the aggregate for the lookback period must remit the withheld taxes pursuant to paragraph (3) of subsection (f) of Code Section 48-2-32 and shall file returns pursuant to paragraph (1) of this subsection. (3) Notwithstanding any provision of this subsection to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) For purposes of this subsection, the 'lookback period' for each calendar year shall be the 12 month period which ended the preceding June 30."
SECTION 10. Said title 48 is amended in Code Section 48-8-2, relating to definitions, by adding a new

FRIDAY, APRIL 25, 2003

3625

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 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 11. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking in its entirety paragraph (47) and inserting in lieu thereof the following:
"(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;"
SECTION 12. Said title is further 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) and by striking paragraph (75) and inserting in its place new paragraphs (75) and (76), to read as follows:
"(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term 'covered item' shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network

3626

JOURNAL OF THE HOUSE

access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, and thesauruses, and childrens books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph.; or (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 13. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; and (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such

FRIDAY, APRIL 25, 2003

3627

constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(F) (a)(1)(D) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(1)(F) (a)(1)(D) is in effect. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(F) (a)(1)(D) of Code Section 48-8-111 shall not apply to: (1) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) The sale of motor vehicles."
SECTION 14. 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 15. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on

3628

JOURNAL OF THE HOUSE

motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14."
SECTION 16. 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 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 17. 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."

FRIDAY, APRIL 25, 2003

3629

SECTION 18. Said title is further 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,; 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 19. Said title is further amended by striking Code Section 48-11-2, relating to excise taxes,

3630

JOURNAL OF THE HOUSE

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 23 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 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (4) Loose or smokeless tobacco: 10 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. (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

FRIDAY, APRIL 25, 2003

3631

separately from the price of the cigars, or cigarettes, or loose or smokeless tobacco. (g) 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 20. Said title 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. 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 21. Said title 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.

3632

JOURNAL OF THE HOUSE

(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. (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,

FRIDAY, APRIL 25, 2003

3633

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 22. Said title 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, 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

3634

JOURNAL OF THE HOUSE

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 23. Said title 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 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,

FRIDAY, APRIL 25, 2003

3635

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 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 24. Said title 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;

3636

JOURNAL OF THE HOUSE

(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 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

FRIDAY, APRIL 25, 2003

3637

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 25. Said title 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, 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 26. Said title 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."

3638

JOURNAL OF THE HOUSE

SECTION 27. Said title 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 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 28. Said title 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 48-11-13 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

FRIDAY, APRIL 25, 2003

3639

(6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into the state on the person."
SECTION 29. Said title 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 30. Said title 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. 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 31. Said title 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

3640

JOURNAL OF THE HOUSE

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 32. Said title 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, 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 33. Said title 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

FRIDAY, APRIL 25, 2003

3641

laws; and (6) Carry firearms while performing his such officers duties."
SECTION 34. Said title 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 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 35. Said title 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 36. Said title 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

3642

JOURNAL OF THE HOUSE

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 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 37. Said title 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 38. Said title 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:

FRIDAY, APRIL 25, 2003

3643

"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."
SECTION 39. Said title 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 40. Said title is further amended by striking subsection (a) of Code Section 48-18-3, relating to investments of certified capital and premium tax credits, and inserting in its place a new subsection (a) to read as follows:
"(a) Any certified investor who makes an investment of certified capital pursuant to an allocation of tax credits under Code Section 48-18-4 shall, in the year of investment, earn a vested credit against state premium tax liability equal to 100 percent of the certified investors investment of certified capital. After July 1, 2005 January 1, 2007, a certified investor shall be entitled to take up to 10 percent of such vested tax credits in any taxable year to reduce the certified investors state premium tax liability for such taxable year of the certified investor, plus up to 10 percent of the original amount of any tax credits some or all of which was carried forward unused pursuant to subsection (b) of this Code section; provided, however, that, in the event that a certified investor is unable under the provisions of this Code section to utilize the full 10 percent allowable under the provisions of this subsection for a taxable year, the remainder of such 10 percent may be taken in a future tax year without regard to the annual limitations of this

3644

JOURNAL OF THE HOUSE

subsection."
SECTION 41. Said title is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-18-9, to read as follows:
"48-18-9. Notwithstanding any provision of law to the contrary, no provision of this chapter shall be implemented prior to July 1, 2004."
SECTION 42. 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."
SECTION 43. Title 50 of the Official Code of Georgia Annotated, relating to state government, is

FRIDAY, APRIL 25, 2003

3645

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 44. 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 45. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-89-2, relating to appropriations for homeowner tax relief grants, and inserting in its place a new Code Section 36-89-2 to read as follows:
"36-89-2. In any each year the General Assembly may shall appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts, in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution."
SECTION 46. Said title is further amended by striking Code Section 36-89-3, relating to specification requirements of homeowner tax relief grant appropriations, and inserting in its place a new Code Section 36-89-3 to read as follows:
"36-89-3. In any each year the General Assembly may shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and

3646

JOURNAL OF THE HOUSE

county or independent school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year, which eligible assessed value shall, subject to annual appropriation by the General Assembly, be not less than that specified in the Fiscal Year 2004 General Appropriations Act. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act."
SECTION 47. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2, 5, 6, 7, and 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003. (c) Sections 3 and 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after April 1, 2004. (d) Sections 18 through 39 and 42 through 44 of this Act shall become effective July 1, 2003. (e) Section 4 of this Act shall become effective January 1, 2006. (f) Sections 10, 14, 15, 16, and 17 of this Act shall become effective January 1, 2004.
SECTION 48. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representatives Teper of the 42nd, Post 1 and Walker of the 115th were excused from voting on HB 43.

Representative Royal of the 140th moved that the House adopt the report of the Committee of Conference on HB 43.

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 Y Beasley-Teague Y Benfield Y Birdsong

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

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

Y Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B

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

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

FRIDAY, APRIL 25, 2003

Y Dukes N 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 Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree
Henson N Hill, C

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

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell N Ralston N Randall N Ray Y Reece, B N Reece, S Y Rice Y 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

On the motion, the ayes were 111, nays 59. The motion prevailed.

3647
Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet
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 Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Mosby of the 59th, Post 3 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Mitchell of the 61st, 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.

Friday, April 25th, 2003

Conference Committee Bill

HB 43

In my eleven years in the legislature, I have never seen a single bill incorporate this many bills into one. The Georgia constitution clearly states that separate subject matters are to

3648

JOURNAL OF THE HOUSE

be drawn up separately (in bills). This bill sets a bad precedent by combining so many different subject matters and is an attempt to cover up a tax increase bill. I am on record supporting tax cuts for senior citizens, for our military, for granting homeowner tax relief, creating sales tax holidays, and have passed successfully local legislation to cut property taxes in Hall and Gwinnett Counties. Similar forms of this "combining subject matters" have been ruled non-germane in the past and even this session until now.

/s/ James Mills State Representative James Mills, District 67, Post 2

4/25/03 Date

Friday, April 25, 2003

Conference Committee Report HB 43

A "yes" vote on HB 43 would have been a coerced vote. It is evident that if each issue combined by the conference committee into HB 43 were voted on individually it's provisions dealing with tax cuts for seniors, our military, homeowners, sales tax holidays and business investment incentives would pass. I have already voted in favor of these. It is equally clear that the tobacco tax would fail.

By combining these dissimilar issues into one bill, the tax relief measures that I have voted for are being held hostage by a tax increase.

HB 43 violates the spirit, if not the letter, of Article 3, Section 5, Paragraph 3 of the Georgia Constitution. This provision prohibits us from dealing with more than one subject in a bill. It is a clear prohibition against the type of legislature "smuggling" that HB 43 represents.

My vote against HB 43 was a vote against a bill I consider unconstitutional. I stood ready to record a separate vote on each different issue contained in HB 43. Instead my only option, if I wanted any tax relief, was to vote for a larger tax increase that I did not believe in. I decided not to be coerced.

/s/ Westmoreland 86 State Representative

4/25/03 Date

/s/ Martin 37 Jones 38 Dollar 31 J. Murphy 14p2 Knox 14p1 Ed Rynders 137

Ralston 6th Keen 146 Lunsford 85p2 Brown 89 Burmeister 96 Coan 67p1

Roberts 131 Harper 88p2 C. Hill 16 Lewis 12 Douglas 73 Graves 106

Ehrhart 28 Williams 4th Elrod 25th Dix 70/2 Yates 85/1 White 3p2

Forster 3p1 Franklin 17

FRIDAY, APRIL 25, 2003

Smith 76 Brock 5

Rogers 15 Walker 71p1

3649
Sheldon 71/2 Butler 88p1

HB 43 No vote by Representative Calvin Hill, District 16
To me, this Bill represents the worst case of political attempts to pass taxes onto the unsuspecting public. It groups together many good bills most of which I have already voted "Yea" on with poorly written taxation proposals and unsatisfactory tax exemptions for favored classes. The authors hope that they can force us to pass the tax or face the anger of those who would benefit from the exemptions of the "good" Bills. Unfortunately, there are some Representatives whose principles are loose enough to allow this dirty trick to prevail. It has become an "omnibus bill", which is considered improper if not illegal in Georgia.
/s/ J. Calvin Hill Dist. 16

I have voted against HB 43 even though I have previously voted for many or most of the bills that are now represented in this omnibus bill as provisions of the bill including HB 383, 492, 422, 504, 709, 504 revised, 492. The managers of this bill left no alternative for conservatives who believe in lower taxes and less government. The bill as structured cost the taxpayers of Georgia many opportunities for real tax reductions and economic incentives for balancing the budget and improving the state's economic condition. By requiring the House to accept a tax increase on cigarettes and other tobaccos that had previously been rejected by both houses of the General Assembly the managers of the bill made it impossible to vote for the bill. We can not allow ourselves as legislators to be manipulated by cynical attempts to force us to vote for increases in taxes which distract us from our need to cut spending to match our revenues.
/s/ Tom Knox D 14p1

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

SB 223. By Senators Lee of the 29th, Harp of the 16th, Zamarripa of the 36th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official

3650

JOURNAL OF THE HOUSE
Code of Georgia Annotated, relating to annual contracts for teachers, so as to provide that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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
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

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 E Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

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

FRIDAY, APRIL 25, 2003 On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

3651

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

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 329

The Committee of Conference on SB 329 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 329 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

3652

JOURNAL OF THE HOUSE

/s/ Mitch Seabaugh Senator, 28th District
/s/ Tim Golden Senator, 8th District
/s/ Lamutt Senator, 21st District

/s/ Jimmy Lord Representative, 103rd District
/s/ Jerry Keen Representative, 146th District
/s/ Stan Watson Representative, 60th District, Post 2

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and consumer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 30B to read as follows:
"CHAPTER 30B
33-30B-1. This chapter shall be known and may be cited as the 'Spending Account and Consumer Driven Health Plan Advancement Act.'
33-30B-2. The purposes of this chapter are to provide enabling provisions for spending accounts and consumer driven health plans, provide statutory authorization for the establishment of such plans, and facilitate the advancement of such plans as a response to escalating costs of health care plans in this state. This chapter shall be construed and interpreted liberally to effectuate these purposes in as broad a manner as possible.
33-30B-3. As used in this chapter, the term:
(1) 'Consumer driven health plan' means a plan for the provision or reimbursement of

FRIDAY, APRIL 25, 2003

3653

health care services that makes available to enrolled individuals information on health, health care, the pricing of health care, and the pricing of health care services by particular providers. Such plan may, but is not required to, include a spending account feature and may either rely upon indemnity reimbursements for services or contracted amounts for health care services from providers. (2) 'Plan' means an agreement between an individual and a plan sponsor or a declaration by an individual which defines services and benefit levels for which reimbursements will be made. (3) 'Plan sponsor' means the group or individual entering into a contract with an insurer under which the insurer provides reimbursement to the plan for expenditures or obligations incurred for the provision of health care services over and above a certain attachment point. (4) 'Spending account' includes, but is not limited to, medical spending accounts, health reimbursement arrangements, pre-tax benefit spending accounts, and other forms of funding for health care goods and services. As such, the source of funding may be from an individual, an employer, an employee, or an combination of sources, as appropriate.
33-30B-4. (a) A spending account plan or consumer driven health plan may be written in this state for a group or for an individual. Such plan may contain a spending account feature which will provide the first-dollar payments for health care services up to a designated amount. Group plans may, but are not required to, provide for a uniform spending account limit. An individual plan may incorporate a spending account feature with a limit not exceeding $10,000.00 annually. (b) All spending accounts shall be in the name of the individual for which the spending account has been established but may be administered in accordance with the applicable plan.
33-30B-5. For any plan having a spending account feature, the amount of the spending account is not required to be the same as the attachment point for insurance reimbursements. If the attachment point for insurance reimbursements to the plan is higher than the amount contained in the spending account, a notice describing the monetary gap for which an individual will be liable shall be given to the holder of the spending account. 33-30B-6. The insurance contract providing reimbursements for expenditures for health care services incurred by the plan may be a stop-loss, specific excess and aggregate, or other similar contract. It may be written by an insurer licensed for life, accident, and sickness insurance under Code Section 33-7-2 or by an insurer licensed for casualty insurance under Code Section 33-7-3. In either case, the contract shall be in the name of the plan as the contract holder and shall contain at least the following:
(1) The attachment point after which the payments by the insurer will be made;

3654

JOURNAL OF THE HOUSE

(2) The amounts for allowable spending accounts; (3) An attachment containing the plan document; (4) A conspicuous disclosure on the first page of the contract that it is not a policy of accident and sickness insurance; and (5) All other relevant terms and conditions.
33-30B-7. (a) A stop-loss or specific excess and aggregate contract issued under this chapter shall not be construed or interpreted as an accident and sickness insurance policy. (b) No stop-loss or specific excess and aggregate policy may be cancelled or nonrenewed because of the level of health care claims."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Keen of the 146th moved that the House adopt the report of the Committee of Conference on SB 329.

Representative Buckner of the 82nd moved that the House postpone further consideration of the Committee of Conference report on SB 329 for 30 minutes.

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

N Amerson Anderson
Y Ashe N Bannister Y Barnard N Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce N Buck Y Buckner, D Y Buckner, G N Bunn

Y Day Y Dean N Deloach N Dix
Dodson N Dollar
Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps N Fleming
Floyd, H N Floyd, J N Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T

N Hill, C.A Hill, V
N Hines N Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford

Y Mobley Y Moraitakis N Morris
Mosby N Mosley N Murphy, J Y Murphy, Q
Noel N Oliver, B Y Oliver, M N O'Neal
Orrock N Parham
Parrish N Parsons Y Porter N Powell
Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S

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

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

FRIDAY, APRIL 25, 2003

Greene N Greene-Johnson
Hanner N Harbin N Harper Y Harrell Y Heard, J N Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

N Maddox Mangham
E 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 N Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon N Sholar

On the motion, the ayes were 53, nays 100. The motion was lost.

3655
N Walker, R.L Y Warren N Watson N Westmoreland N White N Wilkinson N Willard
Williams, A Y Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

On the motion to adopt the Committee of Conference report on SB 329, 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
Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock Y Brooks N Broome Y Brown Y Bruce Y Buck N Buckner, D N 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 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 Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper N Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard Y 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 Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Manning N Marin Y Martin Y Massey Y Maxwell

N Mobley N Moraitakis
Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y 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. 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 N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner
Teilhet N Teper N Thomas, A N 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

3656
N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 132, nays 41. The motion prevailed.

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

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

SB 202 SB 204 SB 290 SB 353

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

SB 363 Do Pass SB 364 Do Pass SB 366 Do Pass, as Amended

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

SB 202. By Senator Dean of the 31st:
A BILL to be entitled an Act to create the Cartersville Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings,

FRIDAY, APRIL 25, 2003

3657

and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 204. By Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Zamarripa of the 36th, Adelman of the 42nd and others:
A BILL to be entitled an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for education districts; to provide for an oath of office, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 204 by inserting the word "significantly" between the words "worked" and "in" on lines 27 and 30 of page 19.
By striking lines 6 and 7 of page 27 and inserting in lieu thereof the following: "may be by a contract authorized by the Board."
By striking line 9 of page 31 and inserting in lieu thereof the following:

3658

JOURNAL OF THE HOUSE

"year, the chairperson and other members of the Board shall be nominated by the Board chairperson and confirmed by".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 290. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new board of commissioners of Franklin County," approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved February 2, 2000 (Ga. L. 2000, p. 3501), and an Act approved April 29, 1997 (Ga. L. 1997, p. 4588), so as to change certain provisions relative to the county attorney; to repeal a provision that the county commission shall meet only in the county courthouse; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 290 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"L. 1997, p., 4588), so as to change certain provisions relative to the county attorney; to repeal"
By striking lines 12 through 23 of page 1 and inserting in lieu thereof the following:
"p. 4588) is amended by striking in its entirety Section 13 and inserting in lieu thereof"
By redesignating Section 3 as Section 2.

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

FRIDAY, APRIL 25, 2003

3659

amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 353. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to create the City of Austell Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, quorum, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 363. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 18.

3660

JOURNAL OF THE HOUSE

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

SB 364. By Senators Bulloch of the 11th and Bowen of the 13th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Colquitt County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 18.
The Bill, having received the requisite constitutional majority, was passed.

SB 366. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to provide a new charter for the City of Sugar Hill; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers, and ordinances of the city; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for definitions and constructions and penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend SB 366 by inserting on line 3 of page 13 between the word "America" and the period the following:
", so help me God".

FRIDAY, APRIL 25, 2003

3661

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:

HB 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:
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.

Representative Dodson of the 84th, Post 1 moved that the House insist on its position in disagreeing to the Senate substitute to HB 372 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 Dodson of the 84th, Post 1, Stephens of the 123rd and Stephenson of the 60th, Post 1.

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

3662

JOURNAL OF THE HOUSE
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.

Representative Powell of the 23rd moved that the House insist on its position in disagreeing to the Senate amendments to HB 319 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Parham of the 94th and Rogers of the 20th.

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.

Representative Powell of the 23rd moved that the House insist on its position in amending the Senate amendment to HB 447 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, APRIL 25, 2003

3663

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Parham of the 94th and Roberts of the 131st.

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.

Representative Jackson of the 124th, Post 1 moved that the House insist on its position in disagreeing to the Senate amendment to HB 597 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 Jackson of the 124th, Post 1, Childers of the 13th, Post 1 and Mosby of the 59th, Post 3.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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

3664

JOURNAL OF THE HOUSE

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.
Representative Snow of the 1st moved that the House adhere to its position in insisting on its substitute to SB 169 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 Day of the 126th, Snow of the 1st and Jenkins of the 93rd.

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

Mr. Speaker:
The Senate recedes from its disagreement to the House amendment to the Senate amendment to the following bill of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

FRIDAY, APRIL 25, 2003

3665

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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thomas of the 54th, Clay of the 37th, and Golden of the 8th.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
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:

3666

JOURNAL OF THE HOUSE

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Lee of the 29th, Harp of the 16th, and Mullis of the 53rd.

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 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions regarding expenditure controls for the 2003-2004 school year; to provide for automatic repeal; 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.

FRIDAY, APRIL 25, 2003

3667

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 20-2-167.1 to read as follows:
"20-2-167.1. (a) For the purposes of the 2003-2004 school year only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level. (4) Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 school year. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. (e) This Code section shall be automatically repealed July 1, 2004."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-184.1, relating to funding for additional days of instruction, and inserting in its place a new Code Section 20-2184.1 to read as follows:
"20-2-184.1. The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early

3668

JOURNAL OF THE HOUSE

intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of lowperforming students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds."
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 Richardson of the 26th et al., was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to payment of fees for advanced placement tests; to revise a provision relating to the release of questions from certain tests; to delete a provision that students with alternate assessments shall not count for accountability purposes; to change certain provisions regarding expenditure controls for the 2003-2004 school year; to provide for certain reports; to change certain provisions regarding maximum class size for the 2003-2004 school year; to provide for automatic repeal; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, APRIL 25, 2003

3669

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary courses, and inserting in its place a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests taken by any eligible high school student who successfully completes an approved advanced placement course according to rules set by the State Board of Education subject to appropriation by the General Assembly. The local high school principal shall certify to the department the number of students taking the advanced placement tests, the total fees charged, and such additional information as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account."
SECTION 2. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-167.1 to read as follows:
"20-2-167.1. (a) For the purposes of the 2003-2004 school year only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level. (4) Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 school year.

3670

JOURNAL OF THE HOUSE

(c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. (e) This Code section shall be automatically repealed July 1, 2004."
SECTION 3. Said title is further amended in Code Section 20-2-281, relating to effectiveness assessment, by striking subsections (d) and (f) and inserting in lieu thereof the following:
"(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 202-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the students Individualized Education Program team. A students Individualized Education Program may serve as an alternate assessment for that student. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article. (2) A students Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act." "(f) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answer keys answers to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course test administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the students score on the instrument."
SECTION 4. Said title is further amended in Code Section 20-2-182, relating to program weights, by striking subsection (i) and inserting in its place three new subsections to read as follows:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education;

FRIDAY, APRIL 25, 2003

3671

provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional fulltime equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education. (j) In its report of the initial full-time equivalent program count required by subsection (a) of Code Section 20-2-160, each local school system shall report to the Department of Education the number of students in each class in each school as of the date of the initial enrollment count; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. Each local school system shall also report to the Department of Education by March 15 of each school year the number of students in each class in each school as of the first Monday in March; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. (k) For the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For

3672

JOURNAL OF THE HOUSE

the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 school year, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. This subsection shall be automatically repealed July 1, 2004."
SECTION 5. Said title is further amended by striking Code Section 20-2-184.1, relating to funding for additional days of instruction, and inserting in its place a new Code Section 20-2-184.1 to read as follows:
"20-2-184.1. The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of lowperforming students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

FRIDAY, APRIL 25, 2003

3673

Representatives Millar of the 52nd, Ashe of the 42nd, Post 2 and Jamieson of the 22nd move to amend the Floor substitute to SB 249 by inserting on line 8 of page 1 after "instruction;" the following:
"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;".
By inserting between line 36 of page 5 and line 1 of page 6 the following:
"SECTION 6. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-491 to read as follows:
'20-2-491. (a) When a sales tax for educational purposes is imposed for capital outlay projects as provided in Part 2 of Article 3 of Chapter 8 of Title 48 and such tax generates or is reasonably anticipated to generate annualized proceeds of $5 million per year or more, the expenditure of tax proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such tax generates annualized proceeds below $5 million. (b) Each local board of education expending tax proceeds for capital outlay projects shall provide for a continuing performance audit or performance review of the expenditure of such funds. The local board of education shall contract with an outside auditor, consultant, or other provider for such performance audit or performance review. The performance audit or performance review contract shall:
(1) Include a goal of ensuring to the maximum extent possible that the tax funds are expended efficiently and economically, so as to secure to the expending school district the maximum possible benefit from the tax dollars collected; (2) Provide for the issuance of periodic public reports, not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (c) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The cost of the performance audit or performance review may be paid from the proceeds of the sales tax for educational purposes or any other available funds of the local school system. (d) The performance audit or review shall be required when the sales tax for educational purposes is imposed in whole or in part for capital outlay projects but shall not be required when the sales tax for educational purposes is imposed for the sole

3674

JOURNAL OF THE HOUSE

purpose of retirement of previously incurred general obligation debt. (e) The requirements of this Code section shall apply with respect to any sales tax for educational purposes which is in effect on July 1, 2003, as well as any sales tax for educational purposes imposed or reimposed on or after that date.'"
By renumbering Sections 6 and 7 as Sections 7 and 8, respectively.

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
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 Casas Y 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 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 N Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson
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 E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar

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 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
Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

Y Henson Y Hill, C

FRIDAY, APRIL 25, 2003

Y Mills Y Mitchell

N Sheldon Y Sholar

3675
Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.
Representative Porter of the 119th moved that the House adhere to its position in insisting on its substitute to SB 113 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 Porter of the 119th, Boggs of the 145th and Stanley-Turner of the 43rd, Post 2.

The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:

SR 23. By Senator Jackson of the 50th:

3676

JOURNAL OF THE HOUSE
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House amendment to SR 23 by deleting lines 24 and 25 on page 1 and by deleting and removing lines 10 through 13 on page 2.
the words "and naming the Jack Connell Parkway" from lines 6 and 7 on page 1.

Representative Howard of the 98th moved that the House disagree to the Senate amendment to the House amendment to SR 23.

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

Y Amerson Y Anderson
Ashe N Bannister Y 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
Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart
Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd
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 Hill, C.A 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 N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin
Martin Massey N Maxwell Y McBee 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
Reece, B N Reece, S N Rice
Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch.
Royal N Rynders Y Sailor

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 N Stephens, R Y Stephenson Y Stokes
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 Westmoreland N White Wilkinson Willard Y Williams, A Y Williams, E

Y Coleman, B Cooper
Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Heckstall N Hembree Y Henson N Hill, C

Y McClinton Millar
N Mills Y Mitchell

N Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 106, nays 45. The motion prevailed.

3677
Y Williams, R Wix
N Yates Coleman, Speaker

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

SB 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.

The report of the Committee, which was favorable to the 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
Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown

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

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 Y Jones Y Jordan Y Joyce Y Keen Y Knox

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 N Parsons Y Porter Y Powell Y Purcell

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

3678
Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N 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

N Franklin Y Gardner N 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 N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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

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

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
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 147, nays 15. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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 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

FRIDAY, APRIL 25, 2003

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
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
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
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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 E Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall
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
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

3679
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 Y Walker, R.L
Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 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

3680

JOURNAL OF THE HOUSE
related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, so as to provide that the Department of Motor Vehicle Safety shall have the authority to regulate the removal and storage of commercial vehicles from private real property at the request of the private real property owner; to provide for the regulation of fees associated with the removal and storage of commercial vehicles from private real property; to provide that the governing authority of a municipality may license towing and storage firms; to provide for the regulation of rates and fees for such firms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions of property, is amended by striking subsections (a) and (b) of Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, procedure, automatic surveillance prohibited, and penalty, and inserting in their places the following:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered;. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of

FRIDAY, APRIL 25, 2003

3681

Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal property from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm removing and storing any such vehicle or trespassing personal property shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Except as provided in subsection (d) of this Code section, the Department of Motor Vehicle Safety, hereinafter referred to as the department, shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The Department of Motor Vehicle Safety is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00."
SECTION 2. Said Code section is further amended by striking subsection (d) and inserting in its place the following:
"(d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section."

3682

JOURNAL OF THE HOUSE

SECTION 3. This Act shall become effective on October 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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
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 Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd
Forster N Franklin 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 Y Henson Y Hill, C

Y 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E 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
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
Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

FRIDAY, APRIL 25, 2003

3683

On the passage of the Bill, by substitute, the ayes were 163, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 "nay" thereon.

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:

SB 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.

Representative Buckner of the 82nd moved that the House insist on its position in substituting SB 73.
The motion prevailed.

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.

3684

JOURNAL OF THE HOUSE

Representative Moraitakis of the 42nd, Post 4 moved that the House insist on its position in substituting SB 182.
The motion prevailed.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

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 following Senate amendment was read:

The Senate moves to amend HR 591 by adding the following on line 16, page 1 after the ".":
"The intersection of Highway 115 and Highway 52 in Lumpkin County east of Dahlonega, Georgia, is designated the Dean Bryant Intersection."

Representative Mobley of the 58th moved that the House disagree to the Senate amendment to HR 591.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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.

FRIDAY, APRIL 25, 2003 The following report of the Committee of Conference was read:

3685

COMMITTEE OF CONFERENCE REPORT ON HB 122

The Committee of Conference on HB 122 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 122 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 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 revenues, and a revenue estimate of $14,805,858,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

3686

JOURNAL OF THE HOUSE

PART I. LEGISLATIVE BRANCH Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments Total Funds Budgeted
State Funds Budgeted

$ 35,126,970

$ 18,817,159

$ 5,457,157

$ 2,560,476

$

113,000

$

3,500

$

0

$

0

$

978,000

$

43,450

$

7,479

$

647,989

$

341,857

$

79,000

$ 3,575,903

$

745,000

$

105,000

$ 1,652,000

$

0

$ 35,126,970

$ 35,126,970

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds State Funds

$ 6,187,082 $ 6,187,082

$

901,505 $

901,505

$ 1,236,212 $ 1,236,212

$

620,008 $

620,008

$ 8,944,807 $ 8,944,807

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

$ 13,320,484 $ 13,320,484

$

461,858 $

461,858

$ 1,583,487 $ 1,583,487

$ 15,365,829 $ 15,365,829

FRIDAY, APRIL 25, 2003

3687

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,149,534 $ 3,149,534

$ 2,289,716 $ 2,289,716

$ 1,234,180 $ 1,234,180

$ 3,721,638 $ 3,721,638

$

421,266 $

421,266

$ 10,816,334 $ 10,816,334

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 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

3688

JOURNAL OF THE HOUSE

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

$ 30,885,636

$ 26,224,702

$

854,100

$

500,000

$

0

$

115,795

$ 1,105,815

$

195,000

$

0

$ 1,558,000

$

332,224

$

0

$ 30,885,636

$ 30,885,636

Section 3. Judicial Branch. State Funds

PART II JUDICIAL BRANCH

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

$ 140,115,967

$ 16,604,442

$ 119,098,326

$ 4,688,731

$ 1,918,814

$

44,925

$

800,000

$

0

$

0

$ 143,155,238

$ 140,115,967

Judicial Branch Functional Budgets

FRIDAY, APRIL 25, 2003

3689

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges 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

$ 8,841,829 $ 7,521,463

$ 11,775,833 $ 11,685,833

$ 48,190,598 $ 48,190,598

$ 45,444,571 $ 43,900,666

$ 1,382,402 $ 1,382,402

$ 1,048,305 $ 1,048,305

$ 16,333,727 $ 16,248,727

$

250,642 $

250,642

$ 9,539,145 $ 9,539,145

$

0$

0

$

348,186 $

348,186

$ 143,155,238 $ 140,115,967

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 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

$ 40,442,515

$ 19,069,568

$ 4,695,850

$

293,011

$

20,418

$

150,582

$ 2,682,284

$ 1,164,046

$

488,867

$

736,181

$

345,435

$

0

$ 2,150,000

$ 2,032,156

$ 6,014,012

$

400,000

$

33,950

$

47,045

$

72,750

$

37,439

$ 23,026,003

$

98,000

$ (2,038,605)

$ 61,518,992

3690

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 40,442,515

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

$ 32,994,643 $

$ 13,245,723 $

$ 3,446,599 $

$ 3,406,134 $

$ 1,495,033 $

$ 1,044,970 $

$

648,381 $

$ 2,660,702 $

$ 4,615,412 $

$ (2,038,605) $

$ 61,518,992 $

State Funds 30,248,665 586,790 3,408,978 400,000 1,460,622 1,032,273 648,381 383,923 4,311,488 (2,038,605) 40,442,515

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

$

100,000

$

200,000

$

307,000

$

15,071

$

281,700

$

657,089

$ 3,173,776

$ 5,808,583

$ 7,839,685

$

510,229

$ 3,151,435

$ 1,670,244

$ 46,217,112

$

0

Departmental Functional Budgets

Executive Division Facilities Operations

Total Funds State Funds

$ 2,328,741 $

0

$ 26,818,500 $

0

FRIDAY, APRIL 25, 2003

3691

Property Resources Internal Operations Transportation External Operations Total

$ 7,646,451 $

0

$ 1,904,718 $

0

$ 3,107,888 $

0

$ 4,410,814 $

0

$ 46,217,112 $

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

$ 55,315,263

$ 5,370,000

$

640,000

$

0

$

185,485

$ 23,290,244

$ 4,117,263

$

6,000

$ 18,307,086

$ 3,249,000

$

0

$ 86,323,000

$

501,019

$ 1,901,830

$

0

$ (712,144)

$ 198,494,046

$

0

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

$ 38,287,994

$ 34,054,296

$ 4,050,488

$ 1,068,708

$

0

$

462,082

$

664,341

$ 1,198,343

$

375,509

$

33,500

$ 1,647,401

$

566,619

$ 3,551,093

3692

JOURNAL OF THE HOUSE

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

$ 3,210,351

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

40,000

$

0

$ (1,214,718)

$ 50,938,013

$ 38,287,994

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

$ 8,986,207 $ 7,507,033

$ 15,992,980 $ 12,985,845

$ 7,902,158 $ 4,152,158

$ 6,751,505 $ 6,439,505

$

0$

0

$ 11,717,091 $ 8,418,171

$

802,790 $

0

$ (1,214,718) $ (1,214,718)

$ 50,938,013 $ 38,287,994

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

$ 10,724,849

$ 9,603,290

$

269,025

$

328,557

$

0

$

2,347

$

170,978

$

558,976

$

117,004

$

10,435

$

0

$ (335,763)

$ 10,724,849

FRIDAY, APRIL 25, 2003
State Funds Budgeted
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 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

3693 $ 10,724,849

$ 70,142,282

$ 65,834,093

$ 23,020,790

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,501,759

$

964,976

$ 1,439,692

$

472,316

$

527,611

$

0

$ 1,952,374

$ 40,245,000

$

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

$ 4,956,595

$

750,000

$

495,000

$

200,000

$ (337,566)

$ 175,653,264

3694

JOURNAL OF THE HOUSE

Tobacco Funds Budgeted State Funds Budgeted

$ 65,834,093 $ 70,142,282

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

$ 41,094,562 $ 40,842,732

$ 4,354,069 $ 4,126,309

$ 36,763,197 $ 5,112,018

$ 9,478,438 $ 3,416,530

$ 8,550,145 $ 6,898,413

$ 2,364,385 $

627,475

$ 1,300,958 $

803,141

$ 66,733,271 $ 3,540,943

$ 5,112,287 $ 5,112,287

$

239,518 $ 65,834,093

$ (337,566) $ (337,566)

$ 175,653,264 $ 135,976,375

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

$ 1,613,081,014

$ 53,116,681

$ 33,186,085

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,399,168

$ 1,793,945

$

898,341

$ 1,623,796

$ 450,975,765

$ 4,994,421,585

$ 1,097,500

$

16,757

$

183,244

$

544,826

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

FRIDAY, APRIL 25, 2003

3695

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

$ 2,136,719

$

100,000

$ 3,772,911

$ 19,147,895

$ 8,391,183

$

438,900

$

460,013

$

116,400

$ (2,495,946)

$ 6,594,551,864

$ 53,116,681

$ 1,613,081,014

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

$

873,238 $

551,500

$

361,222 $

180,611

$ 4,994,421,585 $ 1,547,564,603

$ 109,900,223 $ 11,087,186

$ 3,829,906 $ 1,913,309

$ 99,075,191 $ 16,253,504

$ 7,806,019 $ 3,740,402

$ 6,156,569 $ 2,285,490

$ 6,266,601 $ 2,733,587

$ 3,612,150 $ 2,264,198

$

509,056 $

289,837

$

352,205 $

334,231

$ 3,018,082 $ 2,621,085

$ 342,991,665 $ 34,000,000

$ 975,000,000 $

0

$ 39,073,324 $ 39,073,324

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

$ (2,495,946) $ (2,495,946)

$ 6,594,551,864 $ 1,666,197,695

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes

$ 89,314,880

$

0

$ 8,200,000

$ 360,067,504

$ 220,967,046

3696

JOURNAL OF THE HOUSE

Total Funds Budgeted Other Funds
Federal Funds State Funds Budgeted
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
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

$ 589,234,550
$ 148,828,880 $ 351,090,790 $ 89,314,880

$ 58,757,746

$ 4,970,705

$

368,353

$

165,254

$

45,000

$

0

$

1,155

$

205,000

$

0

$

11,675

$

0

$ 8,324,205

$ 214,228,360

$

(74,401)

$ 223,274,601

$ 4,970,705

$ 58,757,746

$ 916,224,430

$ 569,634,370

$ 67,422,128

$ 2,154,172

$ 1,809,244

$ 3,900,688

$ 5,709,284

$ 8,030,922

$ 7,585,993

$

42,637

$ 79,546,465

$

0

$ 27,488,923

$ 1,300,000

$ 37,726,400

$ 6,450,000

$

0

FRIDAY, APRIL 25, 2003

3697

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

$ 1,093,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 129,217,257

$

449,944

$

856,000

$ (15,656,152)

$ 942,684,234

$

450,000

$ 916,224,430

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds State Funds $ 32,003,707 $ 31,553,707 $ 19,440,894 $ 19,440,894 $ 8,796,871 $ 8,796,871 $ 90,277,985 $ 86,771,897 $ 662,467,004 $ 648,427,497 $ 145,353,925 $ 136,889,716 $ (15,656,152) $ (15,656,152) $ 942,684,234 $ 916,224,430

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

$ 8,098,333

$ 18,043,682

$ 23,899,107

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,002,311

$ 1,341,895

$

244,000

$

337,000

$

9,930

$ (256,705)

$ 44,876,731

3698

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 8,098,333

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds $ 2,717,218 $ $ 7,795,834 $ $ 34,620,384 $ $ (256,705) $ $ 44,876,731 $

State Funds 2,477,435 985,832 4,891,771 (256,705) 8,098,333

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

$ 5,928,385,536

$

0

$ 42,732,485

$ 5,905,966

$ 1,181,108

$

0

$

345,590

$ 1,135,404

$ 3,197,079

$ 45,740,759

$ 9,883,892

$

917,470

$

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 $ 46,621,410 $ 30,517,972 $ 147,220,233 $ 905,991,469

FRIDAY, APRIL 25, 2003
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 - Agriculture Ed High School Program - Tech/Career Ed 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)

3699

$ 164,772,246

$ (1,207,536,528)

$

0

$

0

$ 284,920,487

$ 6,352,443

$

826,722

$

385,000

$ 4,209,800

$ 7,476,760

$ 49,172,941

$ 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

3700

JOURNAL OF THE HOUSE

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 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

$ 11,634,769

$ 68,268,298

$ 4,986,505

$ 3,918,448

$ 1,188,000

$ 8,478,748

$

250,000

$ 4,774,779

$

0

$ 5,787,990

$

0

$ 30,000,000

$ 77,407,508

$ 9,365,926

$ 3,952,556

$ 11,636,228

$ 1,465,273

$

0

$

12,000

$ 3,778,918

$ 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)

$ 7,007,154,994

$

0

$

0

$ 5,928,385,536

Departmental Functional Budgets
State Superintendant Policy and External Affairs Curriculum and Instruction Governor's Honors Program Finance and Business Operations Teacher and Student Support Information Technology

Total Funds

$

0$

$ 13,633,714 $

$ 25,082,291 $

$ 1,472,108 $

$ 8,760,908 $

$ 11,209,797 $

$ 21,884,563 $

State Funds 0
11,604,119 6,679,156 1,394,519 3,287,441
252,617 16,406,228

FRIDAY, APRIL 25, 2003

3701

Local Programs Student Achievement Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Austerity Adjustments Total

$ 6,919,305,822 $ 5,883,983,915

$

0$

0

$ 6,203,856 $ 5,940,338

$ 5,995,408 $ 5,568,937

$ 6,910,678 $ 6,572,417

$ (13,304,151) $ (13,304,151)

$ 7,007,154,994 $ 5,928,385,536

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 Federal Programs Standards of Care

$ 1,249,832

$ 243,448,970

$ 1,981,565

$ 5,059,478

$ 1,185,283

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$ 75,495,529

$

667,000

3702

JOURNAL OF THE HOUSE

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

(40,302)

$ 327,902,374

$ 250,490,013

$ 1,249,832

$

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

$ 34,370,497

$ 30,998,370 $ 5,956,344

$

140,671

$ 1,042,852

$ 1,902,651

$

357,000

$

11,518

$

723,271

$

9,500

$

544,260

$

60,000

$

0

$

0

$ (1,119,818)

$ 40,626,619

$ 34,370,497

FRIDAY, APRIL 25, 2003

3703

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,035,204 $ $ 35,647,461 $ $ 4,063,772 $ $ (1,119,818) $ $ 40,626,619 $

State Funds 3,348
31,591,350 3,895,617 (1,119,818) 34,370,497

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

$ 61,590,913

$ 49,882,670

$ 6,398,926

$

574,400

$

594,397

$

584,424

$

592,820

$

565,044

$ 1,272,718

$ 2,231,277

$ 2,275,654

$

308,667

$

0

$ 1,500,000

$ 27,783,371

$ (1,994,622)

$ 92,569,746

$ 61,590,913

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,216,937 $ $ 27,515,604 $ $ 10,824,976 $ $ 18,676,306 $ $ 31,330,545 $ $ (1,994,622) $ $ 92,569,746 $

State Funds 6,216,937 27,515,604 10,824,976 18,676,306 351,712
(1,994,622) 61,590,913

3704

JOURNAL OF THE HOUSE

Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds 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

$ 41,780,531

$ 22,255,887

$ 1,541,296

$

378,070

$

0

$

76,539

$

453,017

$ 1,333,123

$

564,292

$ 1,583,571

$ 6,348,619

$ 5,406,950

$

40,000

$ 3,861,681

$

358,595

$ 3,786,988

$

274,194

$

172,460

$

0

$

40,000

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ (1,401,800)

$ 48,327,412

$ 41,780,531

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

Total Funds

$ 9,396,320 $

$ 1,170,989 $

$ 9,992,969 $

$ 5,011,216 $

$ 4,194,093 $

$

719,483 $

$

0$

$ 7,864,475 $

$ 6,786,694 $

State Funds 9,396,320 783,772 9,992,969 4,347,123 3,626,404 719,483 0 7,752,545 2,236,742

FRIDAY, APRIL 25, 2003

3705

Education Accountability Office of the Inspector General Office of Homeland Security Total

$ 1,503,834 $ 1,237,834

$

956,269 $

956,269

$

731,070 $

731,070

$ 48,327,412 $ 41,780,531

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 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

$ 1,377,162,351 $ 44,423,392 $ 2,000,000

$ 106,349,514

$ 5,561,952

$ 2,590,041

$

0

$

461,311

$ 8,811,354

$ 4,678,368

$ 35,473,791

$ 57,334,409

$ 16,090,227

$

125,000

$

0

$ 89,424,455

$

163,451

$ 2,095,936

$ 33,961,019

$

0

$ 1,850,000

$ (2,549,730)

$ 362,421,098

$

0

$ 8,278,248

$ 2,000,000

$ 166,343,216

Departmental Functional Budgets

Commissioner's Office Office of Planning and Budget Services Office of Adoptions Children's Community Based Initiative

Total Funds State Funds $ 1,204,221 $ 1,204,221 $ 4,185,192 $ 4,156,675 $ 9,295,678 $ 5,798,814 $ 10,411,174 $ 10,136,174

3706

JOURNAL OF THE HOUSE

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

$

1,252,950 $ 71,792,329 $ 17,023,608 $ 6,668,912 $
976,426 $ 3,764,931 $ 12,109,994 $ 6,694,095 $ 9,864,025 $ 2,511,623 $ 6,668,108 $ 20,049,247 $ 5,590,389 $
0$ 1,109,887 $ 97,905,568 $ 1,607,263 $ 2,000,000 $ 72,285,208 $ (2,549,730) $ 362,421,098 $

1,252,950 34,029,657 13,352,081 5,368,879
701,913 3,662,062 5,779,329 1,911,675 5,474,315 2,511,623 6,668,108 2,880,864 5,590,389 (16,360,889) 1,109,887 64,900,068
29,767 2,000,000 17,012,632 (2,549,730) 176,621,464

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

$ 56,842,123

$ 77,472,557

$

885,429

$

0

$

195,367

$ 1,509,862

$ 1,053,033

$ 9,484,433

$

0

$ 1,032,038

$

308,000

$ 28,373,851

$ 158,111,029

$

196,235

$ 6,138,072

$ (2,079,597)

$ 339,522,432

$

0

$ 22,548,788

FRIDAY, APRIL 25, 2003

3707

State Funds Budgeted

$ 168,286,635

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 Austerity Adjustments Total

Total Funds State Funds

$ 13,446,694 $ 13,289,126

$ 5,392,983 $ 2,415,625

$ 2,903,473 $ 2,578,298

$ 2,195,951 $

985,089

$ 6,740,555 $ 5,973,736

$ 5,385,227 $ 5,385,227

$ 3,285,095 $ 1,009,508

$ 11,820,479 $ 4,850,000

$ 85,325,463 $

0

$ 71,338,625 $ 70,352,074

$ 13,153,079 $ 6,323,767

$ 3,651,641 $ 2,208,293

$

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

$

822,516 $

600,655

$ 2,827,080 $ 1,159,521

$ 1,639,391 $ 1,639,391

$

0$

0

$ 8,150,968 $ 8,150,968

$ 3,061,205 $ 2,783,139

$ 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

$ 12,595,466 $ 2,900,905

$

78,467 $

60,970

$ 13,074,928 $ 10,373,402

$

455,988 $

343,983

$ 11,789,397 $ 11,789,397

$

0 $ (4,024,899)

$ (2,079,597) $ (2,079,597)

$ 339,522,432 $ 190,835,423

3708

JOURNAL OF THE HOUSE

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 14,008,434

$ 3,411,532

$ 1,214,903

$

0

$

237,019

$

492,702

$ 6,981,954

$ 8,877,713

$

0

$

671,185

$ 7,630,688

$ 123,303,498

$ 7,287,714

$ 461,211,917

$ 31,112,611

$ 2,401,505

$ 390,165,760

$ (6,150,579)

$ 1,052,858,556

$

0

$ 3,341,218

$ 446,116,385

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

Total Funds State Funds

$

981,512 $

981,512

$ 7,285,693 $ 6,096,222

$ 4,617,351 $ 2,631,522

$ 3,734,855 $ 3,734,855

$ 14,160,081 $ 1,939,005

$ 2,856,460 $ 2,856,460

$ 5,439,027 $ 3,445,326

$ 3,032,456 $ 3,032,456

$

419,493 $

419,493

$ 114,134,948 $ 54,109,878

$

0$

0

$ 2,795,420 $

0

$ 7,223,130 $

0

$ 115,779,917 $ 50,824,099

$ 149,134,156 $ 65,041,887

$ 3,190,752 $

0

FRIDAY, APRIL 25, 2003

3709

County DFACS Operations - Homemakers Services $ 7,802,877 $

County DFACS Operations - Joint and

$ 91,682,193 $

Administration

County DFACS Operations - Employability Program $ 26,466,617 $

Employability Benefits

$ 43,105,900 $

Legal Services

$ 6,546,322 $

Family Foster Care

$ 70,122,403 $

Institutional Foster Care

$ 51,134,630 $

Specialized Foster Care

$ 12,631,268 $

Adoption Supplement

$ 44,855,747 $

Prevention of Foster Care

$ 15,744,598 $

Troubled Children

$ 61,262,815 $

Child Day Care

$ 181,125,622 $

Special Projects

$ 4,112,204 $

Children's Trust Fund

$ 7,630,688 $

Indirect Cost

$

0$

Austerity Adjustments

$ (6,150,579) $

Total

$ 1,052,858,556 $

0 44,199,241
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 56,741,937 4,072,204 7,630,688 (12,984,071) (6,150,579) 449,457,603

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

$ 300,118,993

$ 60,178,011

$

200,000

$ 9,483,000

$ 1,991,161

$ 482,538,669

$ (7,464,175)

$ 847,045,659

$

0

$ 10,255,138

$ 596,416,115

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

Total Funds $ 31,232,729 $ $ 21,492,944 $ $ 34,143,826 $ $ 41,114,810 $ $ 118,950,725 $ $ 21,620,318 $

State Funds 17,662,805 15,579,351 23,564,018 29,998,846 69,112,257 17,164,811

3710

JOURNAL OF THE HOUSE

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

$ 48,257,780 $ 19,670,579 $ 23,937,314 $ 19,070,649 $ 4,259,012 $ 3,318,322 $ 212,646,267 $ 199,949,315 $ 171,442,463 $ 137,207,824 $ 101,045,741 $ 47,853,730 $ 15,031,161 $ 8,680,477 $ 9,334,744 $ 5,302,444 $ (7,464,175) $ (7,464,175) $ 847,045,659 $ 606,671,253

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted

$ 477,319,064 $ 86,446,041 $ 4,690,373

$

200,000

$

893,697

$ 10,813,918

$ 12,713,355

$ 53,835,937

$ 57,334,409

$ 17,793,450

$ 60,178,011

$ 482,538,669

$

0

$ 7,630,688

$ 123,303,498

$ 7,720,714

$ 461,211,917

$ 148,910,917

$ 158,111,029

$ 2,154,612

$ 9,483,000 $ 4,693,676 $ 33,961,019 $ 390,165,760 $ 6,138,072 $ 1,850,000 $ (18,244,081) $ 2,601,847,745

$ 2,000,000 $ 44,423,392

FRIDAY, APRIL 25, 2003

3711

Brain and Spinal Trust Fund State Funds Budgeted

$ $ 1,377,162,351

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

$ 46,472,976

$

0

$ 12,816,010

$ 1,211,202

$

608,806

$

20,000

$

62,597

$

391,336

$

829,284

$

416,120

$

44,200

$ 1,279,286

$

250,600

$ 9,474,895

$ 20,000,000

$

0

$

50,000

$

0

$

0

$

0

$

0

$ (981,360)

$ 46,472,976

$

0

$ 46,472,976

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds

$ 31,792,416 $

$ 7,323,976 $

$ 3,040,783 $

$ 4,671,669 $

$

625,492 $

$ (981,360) $

$ 46,472,976 $

State Funds 31,792,416 7,323,976 3,040,783 4,671,669 625,492 (981,360) 46,472,976

3712

JOURNAL OF THE HOUSE

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 16,848,729

$ 15,876,925

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

595,196

$

353,700

$

86,042

$

0

$

0

$ (485,787)

$ 17,885,229

$ 16,848,729

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

$ 5,266,572 $ 5,266,572

$ 6,507,360 $ 6,507,360

$

510,639 $

510,639

$ 5,512,592 $ 4,476,092

$

573,853 $

573,853

$ (485,787) $ (485,787)

$ 17,885,229 $ 16,848,729

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

$ 281,917,761

$ 176,637,623

$ 15,179,710

$ 2,147,151

$

214,143

$

705,389

$ 3,396,702

$ 3,129,050

$ 2,237,765

$ 5,253,603

$ 4,519,873

$ 3,409,031

$

400,000

FRIDAY, APRIL 25, 2003

3713

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

$

0

$ 86,013,372

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (5,035,644)

$ 300,094,868

$ 281,917,761

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

$ 83,873,017 $

$ 76,459,089 $

$ 28,570,085 $

$ 34,234,826 $

$

574,122 $

$ 1,862,149 $

$ 48,294,883 $

$ 1,386,914 $

$

997,623 $

$ 4,208,519 $

$ 18,641,795 $

$ 3,264,062 $

$ 2,763,428 $

$ (5,035,644) $

$ 300,094,868 $

State Funds 82,369,057 74,211,670 27,666,278 29,730,019 574,122 1,862,149 41,298,367 1,386,914 997,623 4,118,519 18,621,197 3,264,062 853,428 (5,035,644)
281,917,761

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

$ 16,088,153

$ 89,769,596

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,710,148

$ 2,830,503

$ 1,910,832

$ 54,500,000

3714

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 2,778,378

$ 1,513,287

$

0

$ 1,287,478

$

0

$ (830,637)

$ 165,958,110

$ 16,088,153

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

$ 28,229,008

$ 92,602,470

$ 13,928,245

$ 2,003,747

$

39,095

$ 1,081,290

$ 6,022,313

$ 7,177,826

$ 4,462,857

$ 2,573,235

$ 2,953,221

$ 41,304,191

$ 1,102,688

$ 12,850,953

$

0

$

0

$

0

$

255,000

$ (575,671)

$ 187,781,460

$

150,000

$ 28,229,008

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute

Total Funds State Funds

$ 86,063,158 $ 18,324,975

$ 1,661,454 $

358,326

$ 3,981,592 $ 2,503,946

$ 55,297,080 $

0

$ 11,821,908 $

722,533

$ 29,531,939 $ 6,894,899

FRIDAY, APRIL 25, 2003

3715

Austerity Adjustments Total

$ (575,671) $ (575,671) $ 187,781,460 $ 28,229,008

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

$ 14,630,690

$ 15,086,275

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

180,913

$ 19,414,422

$

0

$

197,158

$

0

$ (470,793)

$ 36,426,278

$ 14,630,690

Section 22. Merit System of Personnel

Administration.

State Funds

Personal Services

Regular Operating Expenses

Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury

Total Funds Budgeted

Federal Funds

Other Agency Funds

Agency Assessments

Deferred Compensation State Funds Budgeted

$

0

$ 8,691,366

$ 1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$ 1,774,772

$

173,863

$ 1,920,859

$ 15,573,656

$

0

$ 1,573,733

$ 13,071,947

$

927,976

$

0

3716

JOURNAL OF THE HOUSE

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
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$ 78,678,802

$ 59,832,536

$ 7,837,254

$

464,062

$

332,206

$

345,335

$ 12,461,537

$ 2,730,422

$ 2,827,707

$

411,198

$ 1,318,987

$

0

$

0

$

0

$

348,651

$ 3,459,434

$

750,000

$

0

$ (2,786,634)

$ 90,332,695

$ 7,196,898

$ 1,960,000

$ 78,678,802

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds $ 33,507,404 $ $ 43,664,453 $ $ 15,947,472 $ $ (2,786,634) $ $ 90,332,695 $

State Funds 28,220,819 43,664,453 9,580,164 (2,786,634) 78,678,802

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

$ 109,243,324

$ 89,400,334

$ 15,409,186

$

813,926

$

66,513

$ 1,771,816

FRIDAY, APRIL 25, 2003
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 State Funds Budgeted

3717

$ 3,279,042

$ 1,268,551

$ 7,506,234

$

734,140

$ 1,364,709

$

0

$

689,910

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

$

100,000

$

58,938

$ 3,595,077

$

0

$

0

$ 1,746,900

$

480,185

$

100,000

$

31,000

$

24,000

$

989,294

$ 10,000,000

$ (3,049,193)

$ 145,758,281

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 109,243,324

3718

JOURNAL OF THE HOUSE

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

$ 15,174,411 $

$ 7,457,153 $

$ 2,747,938 $

$ 41,213,417 $

$ 2,565,718 $

$ 36,638,073 $

$ 42,549,907 $

$

460,857 $

$ (3,049,193) $

$ 145,758,281 $

State Funds 15,127,145 7,457,153 2,257,938 21,171,628 2,394,856 31,181,102 32,345,751 356,944 (3,049,193)
109,243,324

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

$ 3,244,069

$ 2,349,303

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$

(38,988)

$ 6,544,347

$

0

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$

0

$ 1,285,579

$

251,385

$

5,792

$

0

$

7,000

$

5,792

$

0

$

12,000

$

500

FRIDAY, APRIL 25, 2003

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 Capital Outlay Conviction Reports

3719

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,889,316

$

0

$ 47,497,086

$ 40,355,211

$ 1,433,825

$

431,800

$

0

$

291,500

$

591,200

$ 2,994,792

$ 1,002,721

$

523,304

$

740,679

$

617,500

$

20,000

$ (1,505,446)

$ 47,497,086

$ 47,497,086

$ 77,549,002

$ 69,334,823

$ 8,096,879

$

76,895

$ 2,876,986

$

355,290

$

784,000

$

100,695

$ 1,854,009

$

315,122

$

389,333

$

566,237

$

0

$

0

3720

JOURNAL OF THE HOUSE

Austerity Adjustments Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ (2,581,582)

$ 82,168,687

$

990,000

$ 77,549,002

Departmental Functional Budgets

Administration Field Operations Capitol Police Austerity Adjustments Total

Total Funds $ 17,703,406 $ $ 63,895,428 $ $ 3,151,435 $ $ (2,581,582) $ $ 82,168,687 $

State Funds 16,385,156 63,745,428 0 (2,581,582) 77,549,002

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

$ 14,608,444

$ 11,067,599

$ 2,774,355

$

129,508

$

0

$

174,449

$

309,058

$

338,657

$

327,391

$

245,518

$

59,800

$ 2,525,200

$ 1,947,738

$

0

$ (473,265)

$ 19,426,008

$ 14,608,444

Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council $

Total Funds 3,808,242 $ 1,407,010 $ 1,210,974 $ 1,160,102 $ 467,533 $

State Funds 563,015
1,407,010 1,112,401 1,047,239
467,533

FRIDAY, APRIL 25, 2003

3721

Georgia Public Safety Training Facility Total

$ 11,372,147 $ 10,011,246 $ 19,426,008 $ 14,608,444

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

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

$ 9,027,853

$ 6,771,487

$

250,711

$

111,876

$

44,427

$

15,300

$

208,791

$

507,922

$

117,773

$

628,262

$

920,000

$ (275,385)

$ 9,301,164

$ 9,027,853

Section 29. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium

$ 1,462,923,912 $ 6,585,889

$ 1,765,376,132 $ 424,223,505

$ 466,691,404

$ 854,188,741

$ 32,963,542

$ 1,138,340

$

345,833

$ 1,011,627

$ 29,490,997

3722

JOURNAL OF THE HOUSE

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 Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted

$ 123,584,731 $ (30,383,852) $ 3,668,631,000

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,462,923,912

$ 205,346,796

$

0

$ 132,973,578 $ 70,959,391

$ 53,997,362 $ 41,101,657 $ 2,811,580 $ 23,067,667

$

0

$

0

$ 7,790,087

$

874,601

$

565,155

$ 1,831,602

$ 18,157,376

$ 30,951,441

$

0

$ 35,104,249

$ (6,365,861)

$ 413,819,885

$ 8,610,113

$ 124,936,276

$ 74,383,200

$

543,500

$

0

FRIDAY, APRIL 25, 2003

3723

State Funds Budgeted

$ 205,346,796

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

$ 78,236,230 $ 45,794,968

$ 61,798,630 $ 38,704,493

$

193,500 $

0

$ 3,675,319 $ 3,675,319

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 63,434,695 $ 63,327,846

$ 39,486,733 $ 35,177,778

$

335,598 $

185,598

$ (6,365,861) $ (6,365,861)

$ 413,819,885 $ 205,346,796

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

$ 14,618,782

$ 15,495,157

$ 4,070,278

$ 2,784,685

$ (587,235)

$ 36,381,667

$ 36,381,667

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives

$

0

$

0

$

0

$

0

$

0

3724

JOURNAL OF THE HOUSE

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

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

$ 467,535,837

$

150,000

$ 60,497,888

$ 4,781,453

$ 1,037,071

$

49,980

$

150,384

$ 14,937,905

$ 7,068,736

$ 2,055,830

$

606,992

$ 1,223,613

$ 4,272,795

$

0

$ 2,471,575

$ 17,785,550

$ 380,000,000

$ (2,819,070)

$ 494,120,702

$ 2,545,000

$

150,000

$ 467,535,837

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization

Total Funds State Funds

$ 36,612,595 $ 18,827,045

$ 7,928,569 $ 7,928,569

$ 17,080,172 $ 15,825,172

$ 27,653,937 $ 23,748,174

$ 7,372,184 $ 7,372,184

$ 384,779,903 $ 382,669,768

$ 5,568,130 $ 5,545,487

$

5,000 $

5,000

FRIDAY, APRIL 25, 2003

3725

Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$ 6,724,798 $ 5,524,798 $ 3,214,484 $ 2,908,710 $ (2,819,070) $ (2,819,070) $ 494,120,702 $ 467,535,837

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

$ 32,121,009

$ 19,077,082

$ 4,046,611

$

409,621

$

72,492

$

65,019

$ 3,625,334

$ 4,465,616

$

973,998

$

174,376

$

986,495

$

389,335

$

0

$ (1,049,580)

$ 33,236,399

$ 32,121,009

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

$ 5,768,822 $ 5,718,822

$ 6,527,296 $ 6,452,296

$

442,724 $

411,684

$ 1,841,999 $ 1,102,649

$ 1,957,238 $ 1,907,238

$ 6,109,192 $ 6,089,192

$ 1,372,869 $ 1,372,869

$

796,608 $

796,608

$ 9,193,488 $ 9,043,488

$

275,743 $

275,743

$ (1,049,580) $ (1,049,580)

$ 33,236,399 $ 32,121,009

B. Budget Unit: State Funds - Real Estate Commission
Personal Services

$ 2,390,022 $ 1,572,130

3726

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

$

145,000

$

47,000

$

0

$

12,500

$

213,935

$

179,512

$

79,043

$

160,000

$

50,000

$

(69,098)

$ 2,390,022

$ 2,390,022

Departmental Functional Budgets

Real Estate Commission Austerity Adjustments Total

Total Funds State Funds

$ 2,390,022 $ 2,390,022

$

(69,098) $

(69,098)

$ 2,390,022 $ 2,390,022

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

$ 3,274,664

$ 1,662,255

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

106,341

$

37,845

$

139,438

$ 1,762,714

$

0

$

(68,325)

$ 3,915,069

$ 3,274,664

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services

$ 38,337,766

$

557,222

FRIDAY, APRIL 25, 2003

3727

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

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

9,496

$

11,560

$

32,118

$ 3,990,211

$ 30,044,521

$

66,313

$

467,545

$

22,427

$

0

$

505,584

$ 1,503,953

$ 2,735,297

$ (1,188,883)

$ 38,858,419

$ 38,337,766

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds State Funds

$ 39,335,851 $ 38,815,198

$

711,451 $

711,451

$ (1,188,883) $ (1,188,883) $ 38,858,419 $ 38,337,766

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

$ 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

3728

JOURNAL OF THE HOUSE

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 Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program

$

760,000

$ 1,992,161

$ 3,029,196

$ 441,305,643

$ 441,305,643

$ 2,489,000

$ 11,034,137

$

629,344

$

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

$ 313,771,567

$ 6,232,311

$

374,330

$

125,510

$

0

$

48,359

$

586,463

$

144,671

$

169,110

$

614,420

$

115,980

$

0

$ 273,818,139

$ 64,167,781

$ 6,398,577

FRIDAY, APRIL 25, 2003

3729

Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 20,007,602 $ 3,621,510 $ 18,956,237 $ (5,862,316) $ 389,518,684
$ 313,771,567

Departmental Functional Budgets

Administration Institutional Programs Austerity Adjustments Total

Total Funds State Funds $ 8,411,154 $ 8,411,154 $ 386,969,846 $ 311,222,729 $ (5,862,316) $ (5,862,316) $ 389,518,684 $ 313,771,567

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

$ 688,508,938 $ 262,046,283 $ 69,870,763 $ 2,102,945 $ 1,927,750 $ 6,422,328 $ 8,200,173 $ 1,830,782 $ 4,924,470 $ 160,094,628 $ 26,513,414 $ 1,039,490,079 $ 3,943,629 $ 17,332,915

3730

JOURNAL OF THE HOUSE

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

$

710,855

$

0

$

400,000

$ 53,170,605

$ (526,279)

$ 1,658,455,340

$ 688,508,938

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,354,175,304 $ $ 232,962,680 $ $ 17,132,944 $ $ 27,312,248 $ $ 1,631,583,176 $

State Funds 403,735,017 228,378,541 16,632,944
26,408,498 675,155,000

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

$ 2,958,393 $ 2,300,598

$ 23,729,195 $ 10,868,764

$

710,855 $

710,855

$ (526,279) $ (526,279)

$ 26,872,164 $ 13,353,938

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

$ 22,630,531

$ 6,026,769

$

427,797

$

136,200

$

0

$

105,822

$

6,999

$

221,889

$

85,516

$

24,500

$ 18,218,875

$ 7,914,454

FRIDAY, APRIL 25, 2003

3731

Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance Total Funds Budgeted
State Funds Budgeted

$

0

$

0

$

194,395

$ 33,363,216 $ 22,630,531

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 25,448,762 $ 17,696,669 $ 7,914,454 $ 4,933,862 $ 33,363,216 $ 22,630,531

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

$ 16,646,671

$ 10,015,026

$

470,115

$

140,600

$

0

$

44,048

$ 3,261,976

$ 1,296,009

$

176,744

$

183,100

$ 1,423,053

$

0

$ 17,010,671

$ 16,646,671

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)

$ 676,850,154 $ 51,000,000 $ 727,850,154

$ 51,029,725

$

0

$ 51,029,725

3732

JOURNAL OF THE HOUSE

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 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

FRIDAY, APRIL 25, 2003

3733

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 from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient

Description

Amount

Savannah Economic Development Authority

Training facilities, training equipment and training

$ 30,000,000

operations for Project Blue Bell economic development

project in Pooler, Georgia

City of Milledgeville

Funding for operating expenses for Silver Haired Legislature

$ 15,000

Savannah Economic Development Authority

Economic development incentive grant for Project Blue $ 9,380,000 Bell economic development project in Pooler, Georgia

City of Savannah Funding for a training program to the City of Savannah $ 750,000

City of Columbus Funding for the Civil War Naval Museum in the City of $ 100,000 Columbus

3734

JOURNAL OF THE HOUSE

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 provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

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.

It is the intent of the General Assembly that of funds appropriated for the Governor=s Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 46. Provisions Relative to Section 16, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3

Standards of Need $ 235
356 424

Maximum Monthly Amount $ 155 235 280

FRIDAY, APRIL 25, 2003

3735

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 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.

3736

JOURNAL OF THE HOUSE

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 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 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 $10,000 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.

FRIDAY, APRIL 25, 2003

3737

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

3738

JOURNAL OF THE HOUSE

specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payment into the AState of Georgia Guaranteed Revenue Debt Common Reserve Fund@. The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 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

FRIDAY, APRIL 25, 2003

3739

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 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

3740

JOURNAL OF THE HOUSE

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 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.

FRIDAY, APRIL 25, 2003

3741

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.
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.
With regard to the appropriations in Section 39 to the AState of Georgia General Obligation Debt Sinking Fund@ for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $13,909,125 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $159,875,000 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)," $71,340 is specifically appropriated for the purpose of financing projects and facilities at the Georgia School for the Deaf, the Georgia Academy for the Blind, and the Atlanta Area School for the Deaf through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $820,000 in principal amount of General Obligation Debt, the instruments of which shall

3742

JOURNAL OF THE HOUSE

have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $3,045,700 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,154,160 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 $5,040,000 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)," $572,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $5,432,715 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 $62,445,000 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)," $630,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

FRIDAY, APRIL 25, 2003

3743

From the appropriation designated "State General Funds (New)," $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 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)," $235,870 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,740,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 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)," $330,600 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,916,000 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 $68,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

3744

JOURNAL OF THE HOUSE

From the appropriation designated "State General Funds (New)," $389,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 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)," $24,795 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 $285,000 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)," $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 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)," $96,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $420,000 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)," $310,590 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have

FRIDAY, APRIL 25, 2003

3745

maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,309,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,050,000 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)," $28,625 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000 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)," $200,375 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,196,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $458,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in

3746

JOURNAL OF THE HOUSE

connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,120,000 is specifically appropriated to the Georgia State Financing and Investment Commission to acquire, construct, develop, extent, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, it agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $80,000,000 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)," $174,000 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated AState General Funds (New),@ $174,000 is specifically appropriated for the Board of Regents, University System of Georgia to provide public library facilities by grant to the governing board Burke County Library for that library, through the issuance of not more that $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $261,000 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

FRIDAY, APRIL 25, 2003

3747

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)," $2,392,500 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 $27,500,000 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)," $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)," $2,290,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $348,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents,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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 64. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2004

$ 16,174,683,712

3748

JOURNAL OF THE HOUSE

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.

Representative Buck of the 112th moved that the House adopt the report of the Committee of Conference on HB 122.

On the motion, 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 Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock
Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister N Butler Y Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y 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 Y Heard, J Y Heard, K N 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 N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y 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 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 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 N 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 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 Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

FRIDAY, APRIL 25, 2003 On the motion, the ayes were 130, nays 45. The motion prevailed.

3749

Despite supporting the effort to reduce government spending, I voted against the 2004 FY Budget. I fully support many of the items included within, especially the funding of LAPA. However, at a time when Georgia citizens by the thousands are losing their jobs, I cannot support a bill that would continue the long-standing practice of pork spending. Many of the items that were properly eliminated during the original budget process were added back in with the help of a tax increase. I applaud the great efforts to slow spending and truly believe we are headed in the right direction. However, the inclusion of spending outside the constitutionally specified functions of government, I cannot support.
/s/ Rogers 15

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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 Senate substitute was read:

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

3750

JOURNAL OF THE HOUSE

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:
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."

FRIDAY, APRIL 25, 2003

3751

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 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

3752

JOURNAL OF THE HOUSE

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 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 July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Ashe of the 42nd, Post 2 moved that the House agree to the Senate

FRIDAY, APRIL 25, 2003

3753

substitute to HB 385.

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

Y Amerson E 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 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
Maddox Y Mangham E Manning Y Marin Y Martin
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
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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
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 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 motion, the ayes were 166, nays 0. The motion prevailed.

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.

3754

JOURNAL OF THE HOUSE

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.

The following Senate amendment was read:

The Senate moves to amend HB 517 by inserting after "16-9-20" on line 1 on page 2 "and Code Section 13-6-15".

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 517.

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

Y Amerson E 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 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
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
Maddox Y Mangham E Manning Y Marin

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
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
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
Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Harper Y Harrell
Heard, J Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills Y Mitchell

Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 161, nays 0. The motion prevailed.

3755
Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 414. By Representative Jenkins of the 93rd:
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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 414

The Committee of Conference on HB 414 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 414 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Jenkins Representative, 93rd District

3756

JOURNAL OF THE HOUSE

/s/ Preston W. Smith Senator, 52nd District

/s/ Thompson Representative, 69th District, Post 1
/s/ Randall Representative, 107th District

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for concurrent grand juries; to establish procedures relating to pretrial motions, discovery, certain witnesses, and demands for trial; to create time limits for filing pretrial motions; to require that a demand for trial be filed with the clerk of court and served upon the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for procedures subsequent to appeal; to provide for procedures for a continuance when a party, attorney, or material witness is on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States; to provide for the effect of the continuance on the demand for trial; to provide for bail; to clarify provisions relating to oral scientific reports; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code Section 17-7-55 to read as follows:
"17-7-55. In any term of court when the public interest requires it, the court may empanel one or more concurrent grand juries in accordance with Part 1 of Article 4 of Chapter 12 of Title 15."
SECTION 2. Said title is further amended by striking Code Section 17-7-110, relating to the indictment or accusation and witnesses, in its entirety and inserting in lieu thereof the following:
"17-7-110. Reserved. All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
SECTION 3. Said title is further amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following:

FRIDAY, APRIL 25, 2003

3757

"17-7-170. (a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting his the persons life may enter a demand for trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she may at any subsequent court term thereafter demand a trial. In either case, the demand for trial shall be filed with the clerk of court and served on upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. The demand shall be binding only in the court in which the demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try him, he the person, the person shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for trial must be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (e) If the case in which a demand for trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court."
SECTION 4. Said title is further amended by striking Code Section 17-8-31, relating to continuances where a party or his or her counsel is in attendance on active duty as member of the National Guard, and inserting in lieu thereof the following:
"17-8-31. (a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States. The case may proceed if the party, in the absence of his or her leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his or her client to make oath that he or she cannot safely go to trial without the absent attorney and, if a party is absent, his or her counsel shall state in his or her place that he

3758

JOURNAL OF THE HOUSE

or she cannot safely go to trial without the client. (b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material and necessary witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States. (c) In cases in which a demand for trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court. (d) In any case in which the court grants the state a continuance pursuant to subsection (c) of this Code section, the defendant shall have bail set upon application to the court, except in those cases punishable by death or imprisonment for life without parole. In any case in which the defendant is accused of committing a serious violent felony, as defined by subsection (a) of Code Section 17-10-6.1, the court shall consider, but shall not be required to set bail."
SECTION 5. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions

FRIDAY, APRIL 25, 2003

3759

no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness."
SECTION 6. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defenses case-in-chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than five days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness."
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.

Representative Jenkins of the 93rd moved that the House adopt the report of the Committee of Conference on HB 414.

On the motion, 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 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

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 Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
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

3760
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 Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
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
Hanner Y Harbin
Harper Y Harrell Y Heard, J
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 E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
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
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

On the motion, the ayes were 165, nays 0. The motion prevailed.

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 Heard of the 75th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 report of the Committee of Conference was read:

FRIDAY, APRIL 25, 2003

3761

COMMITTEE OF CONFERENCE REPORT ON HB 352

The Committee of Conference on HB 352 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 352 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David J. Shafer Senator, 48th District

/s/ Ben Harbin Representative, 80th District

/s/ Mitch Seabaugh Senator, 28th District

/s/ A. Powell Representative, 23rd District

/s/ Bill Hamrick Senator, 30th District

/s/ Douglas C. Dean Representative, 49th District

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 amend Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, so as to provide penalties for licensing 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. 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 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

3762

JOURNAL OF THE HOUSE

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. Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 43-5-14 to read as follows:
"43-5-14. Any person who violates this chapter Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 80th moved that the House adopt the report of the Committee of Conference on HB 352.

On the motion, 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 Y Benfield Y Birdsong Y Black Y Boggs
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 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 N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

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
Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson

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 Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
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 Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 158, nays 3. The motion prevailed.

3763
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 521

The Committee of Conference on HB 521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 521 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tom Price Senator, 56th District

/s/ Louise McBee Representative, 74th District

3764

JOURNAL OF THE HOUSE

/s/ Michael S. Meyer von Bremen Senator, 12th District
/s/ Don R. Thomas Senator, 54th District

/s/ Barbara J. Mobley Representative, 58th District
/s/ Pat Gardner Representative, 42nd District, Post 3

A BILL
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to require postsecondary educational institutions to provide information about meningococcal disease to certain enrolled students; to require documentation that a student has received a vaccination against meningococcal disease or has reviewed information about such disease; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; to provide postsecondary educational institutions that make a reasonable effort to comply with this Act with immunity from liability for students who contract such disease; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding 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 freshman or matriculated student residing in campus housing as defined by the postsecondary educational instutition 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

FRIDAY, APRIL 25, 2003

3765

provided by the postsecondary educational institution stating that he or she has received a vaccination against meningococcal disease or 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. (d) Any postsecondary educational institution that has made a reasonable effort to comply with this Code section shall not be liable for damages or injuries sustained by a student by reason of such students contracting meningococcal disease. "
SECTION 2. This Act shall become effective on January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Gardner of the 42nd, Post 3 moved that the House adopt the report of the Committee of Conference on HB 521.

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

Y Amerson E 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 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
Hanner

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 N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham E Manning

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
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 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

3766
Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harbin Harper
Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 158, nays 2. The motion prevailed.

Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 258

The Committee of Conference on SB 258 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 258 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Renee S. Unterman Senator, 45th District
/s/ Charles C. Clay Senator, 37th District
/s/ Danial W. Lee Senator, 29th District

FRIDAY, APRIL 25, 2003
/s/ A. Powell Representative, 23rd District
/s/ Buddy DeLoach Representative, 127th District
/s/ Michael P. Boggs Representative, 145th District

3767

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 remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to comply with the provisions of the federal Help America Vote Act; to require the State Election Board to define by rule and regulation what constitutes a vote; to provide for complaint procedures; to provide for the confidentiality of certain registration information; to provide procedures for absentee balloting for uniformed services and overseas voters; to provide for reports concerning voting by such uniformed services and overseas voters; to require voters who register to vote by mail for the first time in this state to provide identification prior to voting for the first time; to provide for exceptions; to provide for the designation of such voters on the electors list; 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 instructions for absentee voting shall include information on the effect of overvotes and how to correct errors on the ballot or obtain a replacement ballot; 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 sample ballots; to provide for certain poll watchers; to provide additional items of acceptable identification; to provide for the review of overvoted ballots; to provide that, when poll hours are extended by court order, all voters who vote after the normal poll closing time shall vote by provisional ballot; to provide that such ballots shall be kept separate from other ballots; to provide for the storage of certain election materials; 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 revise the procedure for the calculation of qualifying fees for certain county officials; to change the

3768

JOURNAL OF THE HOUSE

information required on candidate affidavits; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary; 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 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 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 change the qualifications to vote by absentee ballot; 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 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 primaries and elections generally, is amended by striking paragraphs (4) and (28) of Code Section 21-22, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (28) to read as follows:

FRIDAY, APRIL 25, 2003

3769

"(4) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder equipment for the primary or election and with instructing the poll officers in the use of same." "(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 (7) and (8) of Code Section 21-231, relating to the duties of the State Election Board, and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows:
"(7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; and (8)(9) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections."
SECTION 3. 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; 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 4. Said chapter is further amended by inserting a new Code Section 21-2-50.2 to read as follows:
"21-2-50.2. (a) The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002. (b) As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act. (c) Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but

3770

JOURNAL OF THE HOUSE

shall be resolved pursuant to rules and regulations promulgated under subsection (b) of this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002."
SECTION 5. Said chapter is further amended by striking paragraphs (5), (13), and (14) of Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof new paragraphs (5), (13), (14), and (15) to read as follows:
"(5) To purchase, except voting machines and vote recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;". "(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 6. 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 7. Said chapter is further amended by striking paragraph (4) of Code Section 21-2-71, relating to payment by county or municipality of superintendents expenses, and inserting in lieu thereof a new paragraph (4) to read as follows:

FRIDAY, APRIL 25, 2003

3771

"(4) Maintenance of all voting machines, vote recorders, and of all other primaries and election equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and".
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-77, relating to electronic election returns, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Beginning with the election cycle in the year 2002, 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 9. 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 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in lieu thereof a new

3772

JOURNAL OF THE HOUSE

paragraph (1) to read as follows: "(1)(A) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such Except as otherwise provided in subparagraph (B) of this paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office.; provided, however, that for (B) For the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office specified in subsection (a) of Code Section 15-6-88, paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of Code Section 15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20, and paragraph (1) of subsection (b) of Code Section 48-5-183, exclusive of supplements, cost-of-living increases, and longevity increases. For the office of members of the county governing authority, the qualifying fee shall be 3 percent of the base salary established by local Act of the General Assembly or by Code Section 36-5-25 as adjusted pursuant to Code Section 36-5-24, if applicable, exclusive of compensation supplements for training provided for in Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section 36-5-28. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;".
SECTION 11. Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot; (1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (5)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office;

FRIDAY, APRIL 25, 2003

3773

(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 12. 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 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

3774

JOURNAL OF THE HOUSE

of two and one-half days."
SECTION 13. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot; (1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office; (7)(8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8)(9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; 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 14. 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

FRIDAY, APRIL 25, 2003

3775

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."
SECTION 15. 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 16. 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 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;

3776

JOURNAL OF THE HOUSE

(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; (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 (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 the person receives significant mail such as personal bills and any other evidence that indicates where the person resides.

FRIDAY, APRIL 25, 2003

3777

(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."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration by members of the armed forces or merchant marine and permanent overseas citizens, and inserting in lieu thereof new subsections (d), (f), (g), and (h) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." "(f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot. (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election. (h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election."

3778

JOURNAL OF THE HOUSE

SECTION 18. Said chapter is further amended by striking Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new Code Section 21-2-220 to read as follows:
"21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response. (c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law. (c)(d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections;

FRIDAY, APRIL 25, 2003

3779

provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (d)(e) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicants application has been approved and the applicants name added to the list of electors, the giving of such false information shall be cause to challenge the applicants right to remain on the list of electors, which, if sustained, shall result in such applicants name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. (e)(f) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance. (g) The registrars shall note on their records and the electors list any elector who registers by mail for the first time in this state and does not provide the identification required by subsection (c) of this Code section."
SECTION 19. 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 20. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district,

3780

JOURNAL OF THE HOUSE

state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 21. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to Code Section 21-2-417(b) and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 22. 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 5:00 p.m. on 12:00 Noon on the day of before the election."
SECTION 23. 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

FRIDAY, APRIL 25, 2003

3781

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 24. Said chapter is further amended by striking subsection (a) of Code Section 21-2-235, relating to inactive list of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the electors registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the electors registration records."
SECTION 25. Said chapter is further amended by striking subsection (a) of Code Section 21-2-267, relating to equipment at 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 direct recording electronic (DRE) voting units 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 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

3782

JOURNAL OF THE HOUSE

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 26. 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 27. 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 without a number strip and may have the precinct designation printed or stamped thereon."

FRIDAY, APRIL 25, 2003

3783

SECTION 28. 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 29. 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 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

3784

JOURNAL OF THE HOUSE

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 30. 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 31. Said chapter is further amended by striking subsection (e) of Code Section 21-2-379.5, relating to ballot information, and inserting in lieu thereof a new subsection (e) to read as follows:

FRIDAY, APRIL 25, 2003

3785

"(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 32. 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 33. Said chapter is further amended by striking subsection (d) of Code Section 21-2-379.7, relating to preparation of polling places, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent shall, at least one hour prior to the opening of the polls: (1) Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities; (2) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place;

3786

JOURNAL OF THE HOUSE

(3) Ensure that each DRE units tabulating mechanism is secure throughout the day during the primary or election; and (4) Provide at least one DRE unit accessible to disabled electors at each precinct; and (5) Provide such other materials and supplies as may be necessary or required by law."
SECTION 34. 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 new Code 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 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.

FRIDAY, APRIL 25, 2003

3787

(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 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 35. 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

3788

JOURNAL OF THE HOUSE

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."
SECTION 36. Said chapter is further amended by striking paragraphs (1) and (3) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof new paragraphs (1) and (3) to read as follows:
"(1) Not Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who

FRIDAY, APRIL 25, 2003

3789

lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." "(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 37. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of ballots, and inserting in lieu thereof a new Code Section 21-2383 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 direct recording electronic (DRE) units 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.

3790

JOURNAL OF THE HOUSE

(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 until the challenge is resolved."
SECTION 38. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2384, relating to oath of absentee electors, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error.
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any

FRIDAY, APRIL 25, 2003

3791

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.

____________________

________________________

Electors Residence

Electors Place of Birth

Address

____________________

Month and Day of

Electors Birth

_______________________

Signature or Mark of Elector

Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electors absentee ballot as such elector personally communicated such electors preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________________.

________________________ Signature of Person Assisting Elector -- Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has following physical disability________________________________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection."

SECTION 39. Said chapter is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new

3792

JOURNAL OF THE HOUSE

subsection (a) to read as follows: "(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such electors mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration of the elector during the time provided pursuant to Code Section 21-2-419."
SECTION 40. Said chapter is further amended by striking paragraph (1) of subsection (a) and subsections (b) and (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) of subsection (a) and new subsections (b) and (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

FRIDAY, APRIL 25, 2003

3793

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." "(b) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders or optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which vote recorders or optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close." "(e) If an absentee electors right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electors name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic 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 21-

3794

JOURNAL OF THE HOUSE

2-230. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 41. 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 42. Said chapter is further amended by striking subsection (c) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In those counties and municipalities which employ the use of vote recorders or voting machines, the The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballots or ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."
SECTION 43. 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

FRIDAY, APRIL 25, 2003

3795

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 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 44. Said chapter is further amended by striking subsection (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In counties or municipalities using vote recorders direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 45. Said chapter is further amended by striking subsection (a) and paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or have physical disabilities, and inserting in lieu thereof a new subsection (a) and paragraph (2) of subsection (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder equipment or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. The elector shall take an oath that shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The

3796

JOURNAL OF THE HOUSE

printed name and the signature of such person assisting the elector shall be provided on the oath. Except that an for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind electors declaration without the necessity of an oath. The printed name and the signature of each such person assisting a blind elector shall be shown provided on the declaration."
"(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 46. Said chapter is further amended by striking subsection (f) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons children under 18 years of age or any child who is 12 years of age or younger accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such electors child or children under 18 years of age or any child who is 12 years of age or younger unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting.

FRIDAY, APRIL 25, 2003

3797

Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a of the voting machine or vote recorder equipment under any circumstances."
SECTION 47. 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 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 48. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;

3798

JOURNAL OF THE HOUSE

(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 49. Said chapter is further amended by adding new subsections (d), (e), (f), and (g) to Code Section 21-2-418, relating to provisional ballots, to read as follows:
"(d) Notwithstanding any provision of this chapter to the contrary, in the event that the time for closing the polls at a polling place or places is extended by court order, all

FRIDAY, APRIL 25, 2003

3799

electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board."
SECTION 50. Said chapter is further amended by striking subsection (c) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this chapter to the contrary and in accordance with the rules and regulations of the State Election Board promulgated pursuant to paragraph (7) of Code Section 21-2-31, if the elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter."
SECTION 51. Said chapter is further amended by repealing and reserving Part 4 of Article 11.
SECTION 52. 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

3800

JOURNAL OF THE HOUSE

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 53. Said chapter is further amended by striking Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, and inserting in lieu thereof a new Code Section 21-2-482 to read as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars 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 or municipalities using voting machines, vote recorders direct recording electronic (DRE) units, or optical scanners, 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 on the face thereof 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."
SECTION 54. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483, relating to the counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voters intent as described in subsection (c) of Code Section 21-2438. (B) In a partisan election, the vote review panel shall be composed of the election

FRIDAY, APRIL 25, 2003

3801

superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the electors intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control."
SECTION 55. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists." "(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent."

3802

JOURNAL OF THE HOUSE

SECTION 56. Said chapter is further amended by striking subsections (a) and (c) of Code Section 21-2495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly." "(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, 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 57. 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

FRIDAY, APRIL 25, 2003

3803

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."
SECTION 58. Said chapter is further amended by striking Code Section 21-2-500, relating to delivery of voting materials, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows:
"21-2-500. (a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used;

3804

JOURNAL OF THE HOUSE

one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning programming of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voters certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 59. Said chapter is further amended by striking subsections (a) and (g) of Code Section 21-2-

FRIDAY, APRIL 25, 2003

3805

501, 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 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

3806

JOURNAL OF THE HOUSE

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 60. 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 61. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-566, relating to interference with primaries and elections generally, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Willfully tampers with any electors list, voters certificate, numbered list of voters, ballot box, voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine".
SECTION 62. Said chapter is further amended by striking paragraph (3) of Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or ballot card or to register his or her vote on the voting machine or vote recorder direct recording

FRIDAY, APRIL 25, 2003

3807

electronic (DRE) equipment; or".
SECTION 63. Said chapter is further amended by striking Code Section 21-2-582, relating to tampering with, damaging, or preventing of proper operation of vote recorders or tabulating machines, and inserting in lieu thereof the following:
"21-2-582. Any person who tampers with or damages any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device shall be guilty of a felony."
SECTION 64. Said chapter is further amended by striking Code Section 21-2-582.1, relating to penalty for voting equipment modification, and inserting in lieu thereof a new Code Section 21-2582.1 to read as follows:
"21-2-582.1. (a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct recording electronic recording voting system. (b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 65. Said chapter is further amended by striking paragraphs (6) and (8) of Code Section 21-2587, relating to frauds by poll officers, and inserting in lieu thereof new paragraphs (6) and (8) to read as follows:
"(6) Tampers with any voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine computer or device;" "(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 66. All laws and parts of laws in conflict with this Act are repealed.

3808

JOURNAL OF THE HOUSE

Representative DeLoach of the 127th moved that the House adopt the report of the Committee of Conference on SB 258.

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

Y Amerson E 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 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 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 N 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 E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis
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
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
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 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 N Yates
Coleman, Speaker

On the motion, the ayes were 162, nays 5. The motion prevailed.

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:

FRIDAY, APRIL 25, 2003

3809

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 372

The Committee of Conference on HB 372 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 372 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Don Thomas Senator, 54th District

/s/ Dodson Representative, 84th District, Post 1

/s/ Charles C. Clay Senator, 37th District

/s/ Stephens Representative, 123rd District

/s/ Tim Golden Senator, 8th District

/s/ Stephenson Representative, 60th District, Post 1

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to adoption of health regulations; 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 authoritys service area; to provide for legislative findings; to provide for immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for applicability; to provide for a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and

3810

JOURNAL OF THE HOUSE

implementation of a vaccination program contingent upon such funding; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (a) of Code Section 31-2-4, relating to rules and regulations of the Department of Human Resources, variances and waivers to rules and regulations establishing licensure standards for facilities, and exemption of classes of facilities from regulation, and inserting in lieu thereof the following:
"(a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations must shall be adapted to the purposes intended and be, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title."
SECTION 2. Said title is further amended by striking paragraph (25) of Code Section 31-7-75, relating to functions and powers, and inserting in its place the following:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authoritys service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authoritys service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens;".
SECTION 3. Said title is further amended by adding following Code Section 31-12-4, relating to isolation and segregation of diseased persons and quarantine, a new Code section to read

FRIDAY, APRIL 25, 2003

3811

as follows: "31-12-4.1. (a) The Georgia General Assembly makes the following findings: The attacks of September and October, 2001, on the United States have heightened concerns that terrorists may have access to the smallpox virus and may attempt to use it against the American public. In light of these concerns, and in order to secure public health and national security, the United States government has launched, and the State of Georgia has cooperated in, a smallpox vaccination and treatment program, with a recommendation for initial smallpox vaccinations for certain hospitals, health care workers, and emergency response workers. However, due to the virulent nature of smallpox and its vaccine, participation by hospitals and health care workers in such a program potentially increases their exposure to liability that, without sufficient legal protections, may significantly discourage their participation in the program. The federal government has determined, and the General Assembly agrees, that liability protection for those hospitals and health care workers who participate in such programs are integral to ensuring its maximum success. Accordingly, to achieve a potent and widespread smallpox vaccination and treatment program and maintain an effective defense against possible terrorist attacks, it is critical that hospitals and health care workers participating in such program be protected from potential legal liability absent their gross negligence or willful or wanton misconduct. The General Assembly therefore concludes that certain steps must be taken to encourage participation in the smallpox vaccination and treatment program in order to reserve to Georgia citizens continued access to smallpox vaccination and treatment services in the event of a terrorist attack. (b) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct: (1) No licensed hospital which participates in a smallpox vaccination and treatment program authorized by the United States Secretary of Health and Human Services or the United States Public Health Service of the State of Georgia or employees, agents, or health care workers of such hospital; and (2) No licensed health care provider, health care worker, or other person who participates in such smallpox vaccination and treatment program, whether or not such provider, workers, or person is an agent or employee of said hospital shall be liable for damages or injuries alleged to have been sustained by any individual by reason of such individuals receipt of a smallpox vaccination or treatment, such individuals exposure to smallpox or its related infections, or any act or omission committed by said hospital, employee, agent, health care provider, health care worker, or other person as a result of such individuals receipt of services from or related to such smallpox vaccination and treatment program. (c) This Code section shall apply only to causes of action arising on or after the effective date of this Code section."

3812

JOURNAL OF THE HOUSE

SECTION 4. Said title is further amended by designating the current contents of Article 1 of Chapter 35, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, consisting of Code Sections 31-35-1 through 31-35-3 and inserting a new Article 2 to read as follows:
"ARTICLE 2
31-35-10. As used in this article, the term:
(1) 'Bioterrorism' means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following:
(A) Microorganism; (B) Virus; (C) Infectious substance; or (D) Biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product. (2) 'Commissioner' means the commissioner of human resources. (3) 'Department' means the Department of Human Resources. (4) 'Disaster location' means any geographical location where a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency occurs. (5) 'Emergency responder' means any person employed as state or local law enforcement personnel, fire department personnel, corrections officers, or emergency medical personnel who may be deployed to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency.
31-35-11. (a) The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include diseases for which vaccinations are recommended by the United States Public Health Service and in accordance with the Federal Emergency Management Directors Policy and may include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, and pneumococcal. (b) An emergency responder shall be exempt from vaccination when a written statement from a licensed physician is presented to the department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that the administration of a vaccination conflicts with his or her personal choice or religious beliefs. (c) In the event of a vaccine shortage, the commissioner, in consultation with the Governor and the federal Centers for Disease Control and Prevention, shall use federal recommendations to determine the priority for vaccinations for emergency responders.

FRIDAY, APRIL 25, 2003

3813

(d) The department shall notify emergency responders of the availability of the vaccination program and the risks associated with such vaccinations and shall provide educational materials to emergency responders on ways to prevent exposure to infectious diseases. (e) The department may contract with county and local health departments, not for profit home health care agencies, hospitals, physicians, or other licensed health care organizations to administer the vaccination program for emergency responders. (f) The vaccination program established pursuant to this article shall be implemented only upon receipt of federal funding or grants for aid available and approved for purposes under this article. (g) The department shall take all necessary steps to apply for federal funding to implement the vaccination program under this article including use of an expedited application procedure if circumstances require such. The department shall also amend the state plan if necessary to meet federal funding requirements."
SECTION 5. Section 4 of this Act shall become effective July 1, 2003. The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Dodson of the 84th, Post 1 moved that the House adopt the report of the Committee of Conference on HB 372.

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes
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
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 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

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 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
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

3814
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

JOURNAL OF THE HOUSE

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

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

On the motion, the ayes were 160, nays 2. The motion prevailed.

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

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 25, 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 25, 2003, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 6 SR 90

Designate; Earl T. Shinholster Interchange and Bridge Designate; Byrd M. Bruce Interchange; Jefferson

DEBATE CALENDAR

HB 891 HR 566

Bona fide coin operated amusement machines; regulation Secretariat of the Free Trade Area of the Americas; urge location in Atlanta

FRIDAY, APRIL 25, 2003

3815

SB 24 SB 281 SB 301

Child care facilities; liability insurance coverage Children; prohibit the sale or offer for sale of a child by parent or guardian License plates; special; parents of persons with disabilities

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 Senate was taken up for consideration and read the third time:

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.

The following Committee amendment was read and adopted:

The Committee on Children and Youth moves to amend SB 24 by striking lines 3 and 4 of page 1 and inserting in lieu thereof the following:
"revocation or refusal of license, penalties, and violations, so as to provide that the Department of Human Resources recommend insurance coverage to the owner of any day-care center, family day-care home, group day-care facility, group day-care home, or child learning center; to provide that any such facility".
By striking lines 15 and 16 of page 1 and inserting in lieu thereof the following:

3816

JOURNAL OF THE HOUSE

"(t) The department shall recommend in writing to the owner of any facility operated as a day-care center, family day-care home, group day-care facility, or group day-care home or any child learning center licensed by the Office of School Readiness that such facility carry liability insurance coverage sufficient to protect the facilitys clients. Any such facility which after receiving such recommendation is not covered by liability insurance shall".

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 E 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 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
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
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 Y Lucas
Lunsford Y Maddox
Mangham E 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 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
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 Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims 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 Y Stephens, R
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 N Yates
Coleman, Speaker

FRIDAY, APRIL 25, 2003

3817

On the passage of the Bill, as amended, the ayes were 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Mangham of the 62nd, Mitchell of the 61st, Post 3 and Thompson of the 69th, 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.

The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 113

The Committee of Conference on SB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 113 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ B. P. Kemp Senator, 46th District

/s/ LaNett Stanley-Turner Representative, 43rd District, Post 2

3818

JOURNAL OF THE HOUSE

/s/ Ross Tolleson Senator, 18th District

/s/ DuBose Porter Representative, 119th District
/s/ Michael P. Boggs Representative, 145th District

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; to add certain exceptions from disclosure requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-14-3, relating to government meetings that are not required to be open to the public, by striking the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph."
SECTION 2. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to exceptions from the requirements of disclosure of public records, by striking "or" at the end of paragraph (13.1), by striking the period at the end of paragraph (14) and inserting in lieu thereof "; or", and by adding a new paragraph (15) to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or in part upon a lack of general public knowledge of

FRIDAY, APRIL 25, 2003

3819

its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property. (C) As used in divisions (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Stanley-Turner of the 43rd, Post 2 moved that the House adopt the report of the Committee of Conference on SB 113.

On the motion, 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 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
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

3820
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 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 Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E 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

On the motion, the ayes were 170, nays 0. The motion prevailed.

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

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.

The following report of the Committee of Conference was read:

FRIDAY, APRIL 25, 2003

3821

COMMITTEE OF CONFERENCE REPORT ON SB 169

The Committee of Conference on SB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 169 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jeff E. Mullis Senator, 53rd District

/s/ Mike Snow Representative, 1st District

/s/ Rooney L. Bowen Senator, 13th District

/s/ Burke Day Representative, 126th District

/s/ Curtis S. Jenkins Representative, 93rd District

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to notification that an organization meets requirements and issuance of certificate of compliance; 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 and its establishment, organization, advisory committee, expenses, and allowances; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to change certain provisions relating to a basic firefighter training course and transfer of certification; to change certain provisions relating to mandatory annual training; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-3-22, relating to notification that an organization meets requirements and issuance of certificate of compliance, and inserting in lieu thereof

3822

JOURNAL OF THE HOUSE

the following: "25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-323 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the council is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall issue a recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department and. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 253-1 and 25-3-2."
SECTION 2. Said title is further amended by striking Code Section 25-3-23, relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments, and inserting in lieu thereof the following:
"25-3-23. (a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201 to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, seven days a week 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy fulltime, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:
(A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 750 GPM at 120 150 PSI and a tank capacity of a minimum of 250 gallons;

FRIDAY, APRIL 25, 2003

3823

provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before July 1, 1984, shall be exempt from this recommendation. (c)(b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. (d)(c) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a), (b), and (c) (a) and (b) of this Code section."
SECTION 3. Said title is further amended by striking Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof the following:
"25-3-25. (a) The certificate of compliance issued by the executive director council shall be subject to suspension or revocation by the council at any time he or she it receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated.

3824

JOURNAL OF THE HOUSE

(c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."
SECTION 4. Said title is further amended by striking Code Section 25-4-2, relating to definitions relative to firefighter standards and training, and inserting in lieu thereof the following:
"25-4-2. As used in this chapter, the term:
(1) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (2) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (2)(3) 'Council' means the Georgia Firefighter Standards and Training Council. (3)(4) 'Firefighter' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires, or who is employed full time as a public safety officer by any municipal, county, or state government employing three or more public safety officers and who has responsibilities which include preventing and suppressing fires, protecting life and property, and enforcing ordinances and state laws a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighters assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (5) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department.

FRIDAY, APRIL 25, 2003

3825

(6) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (7) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."
SECTION 5. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances, and inserting in lieu thereof the following:
"25-4-3. (a) The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven eleven members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager; (4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers. (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemens Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section. (c)(1) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection

3826

JOURNAL OF THE HOUSE

(a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. (2) The member appointed by the Lieutenant Governor and the member appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly. (3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governors consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
SECTION 6. Said title is further amended by striking Code Section 25-4-7, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof the following:
"25-4-7.

FRIDAY, APRIL 25, 2003

3827

The council is vested with the following functions and powers: (1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of fulltime, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish a firefighter recruit training program administered by such agencies and institutions as it approves and to issue or authorize the issuance of a certificate of completion to any person satisfactorily completing the training program To establish basic firefighter training requirements for full-time, part-time, and volunteer firefighters; (10) To issue a certificate of compliance to certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (11) To issue, at its discretion, a certificate to any person who has received training in another state, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."
SECTION 7. Said title is further amended by adding a new Code Section 25-4-7.1 to read as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."
SECTION 8. Said title is further amended by striking Code Section 25-4-9, relating to a basic

3828

JOURNAL OF THE HOUSE

firefighter training course and transfer of certification, and inserting in lieu thereof the following:
"25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firefighters, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program. Full-time, part-time, and volunteer firefighters shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."
SECTION 9. Said title is further amended by striking Code Section 25-4-10, relating to mandatory annual training, and inserting in lieu thereof the following:
"25-4-10. As a condition of tenure or continued employment certification, all firefighters shall train, drill, or study at least 120 clock hours in each calendar year at schools, classes, or courses at the local, area, or state level, as provided specified by the council. Authorized leaves of absence are expected."
SECTION 10. This Act shall become effective on July 1, 2004.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Snow of the 1st moved that the House adopt the report of the

FRIDAY, APRIL 25, 2003

3829

Committee of Conference on SB 169.

On the motion, 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 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
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 Y Mangham E Manning Y Marin Y Martin Y 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 Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston
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 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 motion, the ayes were 167, nays 1. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

3830

JOURNAL OF THE HOUSE

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 following Senate amendment was read:

The Senate moves to amend HB 290 by redesignating Sections 2 and 3 as Sections 3 and 4 respectively and by deleting lines 4-5 in their entirety and replacing them with: "or local ordinance as eligible for such assessment; to add a new paragraph relating to taxes not included in the 2 percent tax ceiling on various taxes; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes."
By inserting between lines 18 and 19 the following: To amend Code Section 48-8-6(b) of the Official Code of Georgia Annotated by adding a new paragraph (3) to read as follows:
"SECTION 2
(3) any specific excise tax on prepared foods and beverages, not to exceed 2%."

Representative Rogers of the 15th moved that the House disagree to the Senate amendment to HB 290.
The motion prevailed.

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

FRIDAY, APRIL 25, 2003 "Current Georgia State Flag"; and for other purposes.

3831

The following Senate amendments were read:

Senate Amendment 1
The Senate moves to amend HB 380 by striking all matter on lines 19 through 28 of page 2 and inserting in lieu thereof the following:
"as the state seal. consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review.'"
By striking all matter beginning with line 25 of page 3 and ending with line 2 of page 4 and inserting in lieu thereof the following:
"'(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established

3832

JOURNAL OF THE HOUSE

by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. consist of a vertical band".
By striking all matter beginning with line 14 of page 4 and ending with line 22 of page 4 and inserting in lieu thereof the following:
"'(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. contain a vertical band of".

Senate Amendment 8
The Senate moves to amend HB 380 by inserting immediately before the period on line 9 of page 3 the following:
", and if necessary to save significant printing costs the picture of the flag may be attached to absentee ballots rather than appearing on the actual absentee ballot".
By inserting immediately before the period on line 13 of page 5 the following:
", and if necessary to save significant printing costs a picture of the two flags may be attached to absentee ballots rather than appearing on the actual absentee ballot".

Senate Amendment 9
The Senate moves to amend HB 380 by striking line 8 of page 3 and inserting in lieu thereof the following:
"this Act together with the written description of such flag contained in such section in

FRIDAY, APRIL 25, 2003

3833

an appropriate position on the ballot to assist the voters and facilitate the voting"
By striking line 12 of page 5 and inserting in lieu thereof the following:
"The Secretary of State shall include pictures of the pre-1956 flag and the post-1956 flag along with the descriptions included in Sections 2-1 and 2-2 of this Act in"

The following amendment was read:

Representative Shaw of the 143rd et al. move to amend the Senate amendments to HB 380 by striking Senate Amendments #8 and #9 in their entirety and by striking all of Senate Amendment #1 beginning with line 2 of page 1 through the end of Amendment #1 and inserting in lieu thereof the following:
"Amend HB 380 by striking all matter beginning with line 1 of page 1 through the end of the document and inserting in lieu thereof the following:
'To provide for certain determinations with respect to the state flag of Georgia; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the state flag; to provide for the holding of an advisory referendum election to determine whether the qualified electors of the State of Georgia desire a further change in the state flag; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words 'Georgia's History' and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the 'Stars and Stripes' or the '1777 Flag'; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a

3834

JOURNAL OF THE HOUSE

representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the 'Pre-1879 Georgia State Flag'; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase 'In God We Trust' shall be written in the blue section and in the same gold color as the state seal. consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words 'IN GOD WE TRUST' in capital letters. The coat of arms and wording 'IN GOD WE TRUST' shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review."
SECTION 2. (a) It shall be the duty of the Secretary of State to issue the call for an advisory referendum election to determine whether the qualified electors of the State of Georgia desire that the state flag adopted under Section 1 of this Act be changed. The Secretary of State shall conduct the referendum election as provided in this section on the date of the 2004 presidential preference primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law. (b) The ballot at the referendum election provided under this section shall have displayed or printed thereon the following:

FRIDAY, APRIL 25, 2003

3835

"( ) 2003 FLAG ( ) 2001 FLAG

VOTE FOR ONLY ONE CHOICE: Should the State of Georgia keep the 2003 Flag adopted at the 2003 Session of the General Assembly or return to the 2001 Flag adopted at the 2001 Session of the General Assembly?"

The Secretary of State shall include pictures of the 2001 Flag and the 2003 Flag in appropriate positions on the ballot to assist the voters and facilitate the voting process, and if necessary to save significant printing costs a picture of the two flags may be attached to absentee ballots rather than appearing on the actual absentee ballot. (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.

SECTION 3. In the event any section or subsection of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections or subsections of this Act, which shall remain in full force and effect as if the section or subsection so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions hereof would be declared or adjudged invalid or unconstitutional.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Representative Richardson of the 26th moved that the House agree to the Senate amendments, as amended by the House, to HB 380.

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 N Birdsong N Black

N Day Y Dean N Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes

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

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre N Snow

3836
N 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 Y Campbell N Casas Y Chambers N Channell Y Childers N Coan N Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

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 N Graves, T Y 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

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

N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter N Powell N Purcell N 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. N Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 89, nays 88. The motion was lost.

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 N Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Stanley-Turner of the 43rd, Post 2 moved that the House reconsider its action in failing to agree to the Senate amendments, as amended by the House, to HB 380.

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 N Boggs Y Bordeaux Y Borders

N Day Y Dean N Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps

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 N Jamieson Y Jenkins

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

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

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 Y Campbell N Casas Y Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

FRIDAY, APRIL 25, 2003

N Fleming Y Floyd, H N 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 Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Parrish N Parsons Y Porter N Powell Y Purcell N 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

On the motion, the ayes were 96, nays 80. The motion prevailed.

3837
Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the motion that the House agree to the Senate amendments, as amended by the House, to HB 380, 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 N Birdsong N Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck

N Day Y Dean N 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 N Floyd, J Y Fludd N Forster N Franklin Y Gardner

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

Y Mobley Y Moraitakis N Morris Y Mosby N 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 N Powell N Purcell N Ralston Y Randall

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y 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 Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M

3838
Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler Y Campbell N Casas Y Chambers N Channell Y Childers N Coan N Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

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

Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Ray N 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 Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 90, nays 86. The Chair voted "aye". On the motion, the ayes were 91, nays 86. The motion prevailed.

Y Thompson Twiggs
Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Coleman, Speaker

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.

The following Senate substitute was read:

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; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, APRIL 25, 2003

3839

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, is amended by striking paragraph (4) of subsection (a) and inserting in its place the following:
"(4) Consumes food or beverage or possesses any open food or beverage container, provided that this paragraph shall not apply to resealable bottled water beverages in resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, however, that nothing in this paragraph shall preclude a public transit system operated or funded by a county, municipality, or consolidated government from prohibiting the consumption of any beverage in a public transit bus;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 13th, Post 2 moves to amend the Senate substitute to HB 175 by inserting after the words "To amend" on line 1 of page 1 the following:
"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; to amend".
By redesignating Sections 1 and 2, respectively, as Sections 2 and 3, and inserting immediately following the enactment clause the following:
"SECTION 1. 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, is amended by adding a new Code Section 16-12-2.1 to follow Code Section 16-12-2, relating to smoking in public places, to read as follows:
'16-12-2.1. (a) It shall be unlawful for any person to smoke tobacco in any form in the presence of a child who is in a child passenger restraining system in a passenger automobile, van, or pickup truck if the windows are closed preventing ventilation. (b) A person who violates subsection (a) of this Code section may be fined no more than $15.00; provided, however, the provisions of Chapter 11 of Title 17 and any other

3840

JOURNAL OF THE HOUSE

provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No law enforcement officer shall be authorized to effectuate a traffic stop based upon the violation of this Code section.'"

Representative Smith of the 13th, Post 2 moved that the House agree to the Senate substitute, as amended by the House, to HB 175.

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

Y Amerson E 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 N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Burkhalter N Burmeister Y Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Cooper Crawford Y Cummings

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

Y Hill, C.A Hill, V
Y Hines Holmes Houston
Y Howard Y Howell
Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham E Manning Marin N Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar N 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
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Rice
Richardson Y Roberts, J Y 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 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
Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson N Willard
Williams, A Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the motion, the ayes were 119, nays 26.

The motion prevailed.

FRIDAY, APRIL 25, 2003

3841

Representative Martin of the 37th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
The Senate insists on its amendment to the House amendment to the following resolution of the Senate:
SR 23. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.

3842

JOURNAL OF THE HOUSE

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.
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.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

FRIDAY, APRIL 25, 2003

3843

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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Moody of the 27th, and Shafer of the 48th.
The Senate insists on its amendments to the following resolution of the House:
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 Senate has agreed to the House substitute as amended by the Senate, to the following bill of the Senate:
SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 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

3844

JOURNAL OF THE HOUSE

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 Senate has agreed to the House substitutes to the following bills of the Senate:
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 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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Kemp of the 46th, Brush of the 24th, and Clay of the 37th.
The Senate has agreed to the House amendments to the following bills of the Senate:

FRIDAY, APRIL 25, 2003

3845

SB 204. By Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Zamarripa of the 36th, Adelman of the 42nd and others:
A BILL to be entitled an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for education districts; to provide for an oath of office, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 290. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new board of commissioners of Franklin County," approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved February 2, 2000 (Ga. L. 2000, p. 3501), and an Act approved April 29, 1997 (Ga. L. 1997, p. 4588), so as to change certain provisions relative to the county attorney; to repeal a provision that the county commission shall meet only in the county courthouse; to repeal conflicting laws; and for other purposes.
SB 366. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to provide a new charter for the City of Sugar Hill; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers, and ordinances of the city; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for definitions and constructions and penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 291. By Representative Ashe of the 42nd, Post 2:

3846

JOURNAL OF THE HOUSE

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 Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Kemp of the 46th, and Tolleson of the 18th.
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
The Senate has agreed to the House amendment to the Senate amendments to the following bill of the House:
HB 380. By Representatives Richardson of the 26th, O`Neal of the 117th, Massey of the 24th and Westmoreland of the 86th:

FRIDAY, APRIL 25, 2003

3847

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.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
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.
The Senate has disagreed to the House amendment to the following bill 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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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:

3848

JOURNAL OF THE HOUSE

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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has agreed to the House substitute to the following resolution of the Senate:
SR 35. By Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others:
A RESOLUTION creating the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; to provide for the commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 following Senate substitute was read:

FRIDAY, APRIL 25, 2003

3849

A BILL
To amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," approved March 15, 1984 (Ga. L. 1984, p. 4293), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4848), so as to provide qualifications, election, and terms of the chief magistrate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," approved March 15, 1984 (Ga. L. 1984, p. 4293), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4848), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1. Effective January 1, 2009, no person shall be chief magistrate of the Magistrate Court of Forsyth County unless, at the time of his or her election, he or she has attained the age of 30 years, has been a citizen of the State of Georgia for at least three years, has been an active member in good standing of the State Bar of Georgia for at least three years, has practiced law or served as a magistrate for seven years, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom. At the state-wide nonpartisan election conducted in 2008 and every four years thereafter, the chief magistrate of Forsyth County shall be nominated and elected by the qualified voters of Forsyth County in a nonpartisan election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. Except as otherwise provided in this Act, the primary and election shall be governed by Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Murphy of the 14th, Post 2 moved that the House agree to the Senate substitute to HB 451.
On the motion the ayes were 110, nays 0.
The motion prevailed.

3850

JOURNAL OF THE HOUSE

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.
Representative Buckner of the 109th moved that the House adhere to its position in insisting on its substitute to SB 73 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 Buckner of the 109th, Greene of the 134th and Hill of the 16th.

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto:

SB 229. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety, so as to change certain provisions relating to forwarding of information and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Powell of the 23rd moved that the House recede from its position in amending SB 229.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, APRIL 25, 2003

Y Amerson E 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
Casas 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 Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Harbin 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
Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Lord Y Lucas Lunsford Y Maddox Mangham E Manning Y Marin Y Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Millar 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 Y O'Neal
Orrock Y Parham Y Parrish Y Parsons
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
Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 140, nays 0. The motion prevailed.

3851
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
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
Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard
Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

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.

3852

JOURNAL OF THE HOUSE

Representative Parham of the 94th moved that the House recede from its position in amending SB 250.

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

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

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

Y Hill, C.A Hill, V
N Hines Holmes
Y Houston Y Howard Y Howell Y Hudson
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
Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin
Massey N Maxwell Y McBee Y McCall Y McClinton
Millar N 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 N O'Neal
Orrock Y Parham Y Parrish
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 Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Sinkfield Skipper Smith, B
Y Smith, L Y Smith, P
Smith, T Smith, V Y Smyre Y Snow Y Stanley-Turner Stephens, E Y Stephens, R Y Stephenson Stokes 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 N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Wix Yates Coleman, Speaker

On the motion the ayes were 122, nays 21. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

FRIDAY, APRIL 25, 2003

3853

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 following Senate substitute was read:

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 federally qualified health centers in the state health insurance plan; to provide for a report on the fiscal condition of the state employees health insurance plan; 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, or after 30 years of actual service to a community service board regardless of age; to provide for employer and employee contributions; to include public employees of critical access hospital authorities and of federally qualified health centers in certain state benefits plans; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, is amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in its place the following:
"45-18-7.7. The board is authorized to contract with any public or nonprofit critical access hospital or federally qualified health center that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals or federally qualified health centers in any health plan established under this article. It shall be the duty of such critical access hospital or federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital or federally qualified

3854

JOURNAL OF THE HOUSE

health center to make the employer contributions required for the operation of such plan."
SECTION 1A. Said chapter is further amended by inserting immediately following Code Section 45-187.7, relating to employees and dependents of critical access hospitals in health plans, a new Code section to read as follows:
"45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share."
SECTION 1B. Said chapter is further amended by adding following Code Section 45-18-19, relating to confidentiality of claim forms and records, a new Code section to read as follows:
"45-18-20. The commissioner shall provide to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the appropriations committees of the Senate and the House of Representatives by February 1 of each year a status report on the fiscal condition of the state employees health insurance plan, and by March 1 of each year, the proposed schedule of premiums, deductibles, and employee cost sharing for the next open enrollment period."
SECTION 2. Said chapter is further amended by striking Code Section 45-18-32, relating to administration of plans and participation by employees of county boards of health, school systems, and other groups, and inserting in its place the following:
"45-18-32. The State Personnel Board shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving financial assistance from the Department of Human Resources may, with the approval of the State Personnel Board and the approval of such organizations, participate in the

FRIDAY, APRIL 25, 2003

3855

state plan. Employees of county and independent school systems may, with the approval of the State Personnel Board and the approval of such systems, participate in the state plan. Employees of the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters Pension Fund may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. Public employees of any critical access hospital authority or federally qualified health center may, with the approval of the State Personnel Board and the approval of such hospital authority or health center, participate in the state plan. The State Personnel Board shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contributions to the deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a manner similar to that of the plan for state employees."
SECTION 3. Said chapter is further amended by striking paragraph (3) of Code Section 45-18-50, relating to definitions, and inserting in its place the following:
"(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his or her compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; the Federal-State Shipping Point Inspection Service; the Georgia Firefighters Pension Fund; any person who works full time for any critical access hospital authority or federally qualified health center; a member of any local board of education; and public schoolteachers school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 45-18-52, relating to establishment of flexible employee benefit plans, and inserting in its place the following:
"(a) The council is authorized to establish a flexible employee benefit plan for employees of the state, and public schoolteachers school teachers, and public school employees, and public employees of any critical access hospital authority or federally

3856

JOURNAL OF THE HOUSE

qualified health center and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, group property and casualty insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter and Code Sections 20-2-880 and 20-2-910. The council may establish rating categories for disability insurance based on eligibility for coverage by the disability program of the Social Security Administration. At the councils discretion, any of the insurance or other type of employee welfare benefits authorized by this Code section may be operated as a self-insured plan in whole or in part or by contract with any company authorized to transact such business in this state. Except as provided in Code Section 45-18-30, Code Sections 20-2-880 and 20-2-910, and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 77th moved that the House agree to the Senate substitute to HB 638.

On the motion, 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 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
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J

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

Y Mobley Y Moraitakis
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 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 Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

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

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

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
Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

On the motion, the ayes were 151, nays 0. The motion prevailed.

3857
Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
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 Williams, R Y Wix Y Yates Coleman, Speaker

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 following Senate amendment was read:

The Senate moves to amend HB 748 by adding after the first semicolon on line 3 of page 1 the language: "to amend Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to enforcement of local codes, so as to provide for limitations with respect to rental property;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to

3858

JOURNAL OF THE HOUSE

enforcement of local codes, is amended by designating the existing text of the Code section as subsection (a) and inserting a new subsection (b) to read as follows:
'(b) No local government is authorized to perform investigations or inspections of rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of rental property and the collection of a fee for inspection of such property.'"

The following amendment was read and adopted:

Representative Buck of the 112th moves to amend the Senate amendment to HB 748 as follows:
On line 4 between the words "to" and "rental" insert "residential" and
On line 10 between "of" and "rental" insert "residential" and
On line 13 between "of" and "rental" insert "residential", and
On line 13 strike "and the collection of a fee for inspection of such property", and
On line 13 after "." add "Conditions which appear to be code violations which are in plain view may form the basis for probable cause."

Representative Buck of the 112th moved that the House agree to the Senate amendment, as amended by the House, to HB 748.

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

Y Amerson E 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming

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
Jenkins Jones

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

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 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
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene
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 Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham E 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
Ralston Y Randall Y Ray Y Reece, B Y Reece, S
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

On the motion, the ayes were 150, nays 0. The motion prevailed.

3859
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
Williams, E Williams, R Y Wix Y Yates Coleman, Speaker

Representatives Beasley-Teague of the 48th, Post 2, Jenkins of the 93rd and Williams of the 61st, 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.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

3860

JOURNAL OF THE HOUSE

The Senate moves to amend the House substitute to SB 261 by changing line 16 page 3 from: July 1 to Jan 1.

Representative Smith of the 129th, Post 2 moved that the House agree to the Senate amendment to the House substitute to SB 261.

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

Y Amerson E 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
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach 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
Fludd Y Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene
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 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
Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham E Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
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 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 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 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 motion the ayes were 151, nays 0. The motion prevailed.

FRIDAY, APRIL 25, 2003

3861

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

SB 206 Do Pass SB 251 Do Pass

SB 270 Do Pass SB 362 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

SB 206. By Senator Crotts of the 17th:
A BILL to be entitled an Act to create a board of elections and registration for Butts County and provide for its powers and duties; 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; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the boards organization, powers, and duties; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 270. By Senator Cheeks of the 23rd:

3862

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide for a mayor pro tem. and the duties and powers thereof; to change the provisions regarding vacancies in office; to repeal conflicting laws; and for other purposes.

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

SB 362. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date, the repeal of existing enabling legislation and other conflicting laws; and for other purposes.

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

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

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

Y Amerson E 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 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 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 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 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 Broome Y Brown
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 Crawford Y Cummings

FRIDAY, APRIL 25, 2003

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

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

Y Powell Y Purcell
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.
Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon
Sholar

3863
Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
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 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.

SB 251. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), so as to provide for the nonpartisan election of the members of such board of education; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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:

3864

JOURNAL OF THE HOUSE
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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 319

The Committee of Conference on HB 319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 319 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jeff E. Mullis Senator, 53rd District

/s/ Alan Powell Representative, 23rd District

/s/ Seth Harp Senator, 16th District

/s/ Carl Rogers Representative, 20th District

/s/ Daniel W. Lee Senator, 29th District

/s/ Bobby E. Parham Representative, 94th District

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of "court order for child support"; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable application fee; 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

FRIDAY, APRIL 25, 2003

3865

provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; 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 provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:
"(1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter."
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
"(c) The department shall accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
SECTION 3. Said title is further amended by adding following subsection (d) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
"(e) The department shall accept applications for IV-D services from noncustodial

3866

JOURNAL OF THE HOUSE

parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
SECTION 4. Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the departments duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
"(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection. (d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, 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. 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. If the Immigration and Naturalization Service status of such person is terminated or expired, any Georgia drivers license issued to such person shall be revoked. 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

FRIDAY, APRIL 25, 2003

3867

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 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(b)(1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support order which is being enforced under this chapter, as defined in paragraph (1) of Code Section 19-11-3, of their the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation."
SECTION 7. Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
"(c)(1) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification child support orders, judicial and administrative in origin, which are subject to enforcement under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved." "(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15."
SECTION 8. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section

3868

JOURNAL OF THE HOUSE

19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section."
SECTION 9. 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 shall be necessary for the orderly processing of license applications."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House adopt the report of the Committee of Conference on HB 319.

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

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

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

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

Y Mobley Y Moraitakis
Morris 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 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
Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Gardner E 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 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 E 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 Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 159, nays 0. The motion prevailed.

3869
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 Sims of the 130th moved that the rule requiring Conference Committee Reports to lay on the desks for one hour be waived for the remainder of the legislative day.

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 Y Boggs N Bordeaux

N Day Dean
N Deloach Dix Dodson
N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod

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 N 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 Sims Y Sinkfield Y Skipper N Smith, B
Smith, L Smith, P Y Smith, T N Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E

3870
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 Y Channell Y Childers N Coan
Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner E Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
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 Jenkins Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham E Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills Y Mitchell

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.
Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 93, nays 67. The motion prevailed.

N 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 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 Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Mobley of the 58th moved that the House insist on its position in disagreeing to the Senate amendment to HR 591 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.

FRIDAY, APRIL 25, 2003

3871

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

N Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N 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 N Chambers Y Channell Y Childers N Coan Y 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 N Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster
Franklin Y Gardner E Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall N Hembree Y Henson N Hill, C

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

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

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L
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
Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the motion, the ayes were 117, nays 37. The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Mobley of the 58th, Sholar of the 141st, Post 1 and Wilkinson of the 41st.

3872

JOURNAL OF THE HOUSE

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.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 25, 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 25, 2003, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 66 SR 67

Designate; William S. Hutchings Bridge; Bibb County Designate; Thelma 'T-Lady' Ross Bridge; Bibb County

DEBATE CALENDAR

SB 47

Pardons and Paroles Board; granting relief; written decision made public

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 Senate were taken up for consideration and read the third time:

SR 67.

By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.

FRIDAY, APRIL 25, 2003

3873

The following substitute, offered by Representative Jamieson of the 22nd, was read and adopted:

A RESOLUTION
Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; Designating the Dean Bryant Intersection; and for other purposes.
PART I
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and
WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and
WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and
WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and
WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross.
PART II
WHEREAS, our nations security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harms way to protect the freedoms that all United States citizens cherish; and

3874

JOURNAL OF THE HOUSE

WHEREAS, many residents of Banks County have diligently and conscientiously served their country with honor and distinction as members of the United States armed forces; and
WHEREAS, their fortitude, bravery, and courage stand as a shining tribute to the strength of human spirit and willpower, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Military Veterans of Banks County for their efficient, effective, unselfish, and dedicated public service to the citizens of their country and state and extend to them their most profound and sincere appreciation for all members of the United States military who stand ever ready to lay the ultimate sacrifice upon the altar of freedom.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Highway 441 bypass around the City of Homer be designated the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Banks County American Legion Post 215.
PART III
WHEREAS, Dean Bryant was born in Lumpkin County, Georgia, on February 9, 1933, and has lived all of his life very near the intersection of Highway 115 and Highway 52 in that county; and
WHEREAS, he attended school in Lumpkin County where he participated in many activities, including basketball; and
WHEREAS, he was called to be a minister in the Baptist Church in 1950 and has been a faithful pastor of 16 Baptist churches across northeast Georgia for the past 52 years; and
WHEREAS, "Preacher" Dean Bryant has faithfully visited the sick on a daily basis for many years in their homes and in the area hospitals; and
WHEREAS, he married the former Barbara Manly and they raised three children in

FRIDAY, APRIL 25, 2003

3875

Lumpkin County in a home near the intersection of Highway 115 and Highway 52; and
WHEREAS, in fact, there have been very few days during his lifetime that Dean Bryant has not traveled through this intersection; and
WHEREAS, it is fitting and proper that this highway intersection be named for Dean Bryant in whose life it has figured so prominently and who has distinguished himself in kindness to his neighbors in Lumpkin County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Highway 115 and Highway 52 in Lumpkin County, east of Dahlonega, Georgia, is designated the Dean Bryant Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Dean Bryant and the Department of Transportation.

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

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

Y Amerson E Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock
Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D

Y Day Dean 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
Forster N Franklin Y Gardner E Golick

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
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 Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

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

3876
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

JOURNAL OF THE HOUSE

Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lucas Lunsford Maddox Mangham
E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Millar Y Mills Y Mitchell

Y 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
Sholar

Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 144, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SR 6.

By Senators Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION designating the Earl T. Shinholster Interchange and Bridge; and for other purposes.

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

SR 66.

By Senator Brown of the 26th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.

The following amendment was read and adopted:

Representative Mobley of the 58th moves to amend SR 66 by inserting immediately above line 1 of page 1 the following:
"PART I"

FRIDAY, APRIL 25, 2003

3877

By inserting following line 20 of page 1 the following:
"PART II
Designating the Judge Jim Weeks Intersection; and for other purposes.
WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident of DeKalb County who has resided in the state for 43 years; and
WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State of Georgia since 2000; and
WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his LLB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney for DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City of Atlanta; and
WHEREAS, it is fitting and proper that the numerous contributions and achievements of this exceptional Georgian be appropriately recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge Jim Weeks and the Department of Transportation."

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

SR 90.

By Senators Cagle of the 49th, Hudgens of the 47th and Kemp of the 46th:
A RESOLUTION commending Byrd M. Bruce and designating the Byrd M. Bruce Interchange; and for other purposes.

3878

JOURNAL OF THE HOUSE

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:

Amerson E Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks
Broome Brown Bruce 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 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 Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Gardner E 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 N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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

Y Mobley Y Moraitakis
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
Parsons Y Porter Y Powell Y Purcell
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
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
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 143, nays 3. The Resolutions, having received the requisite constitutional majority, were adopted.

FRIDAY, APRIL 25, 2003

3879

SB 123. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, so as to clarify the use of standardized forms and a courts ability to modify the form; to specify the sheriffs duties with respect to updating and maintaining the registry; to provide for registry of foreign protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux
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
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
Elrod Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner E 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 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 Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
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 Y Parsons Y Porter
Powell Y Purcell Y Ralston
Randall Y Ray Y 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 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 Y Walker, R.L
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

3880

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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 E 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
Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler

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 N Franklin Y Gardner E Golick Y Graves, D
Graves, T Greene Y Greene-Johnson Y Hanner

Y Hill, C.A 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
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham E Manning

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
Richardson Y Roberts, J

Y Sims Sinkfield 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
Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson

Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Harbin Y Harper Y Harrell Y Heard, J
Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin
Massey Y Maxwell
McBee McCall Y McClinton Millar N Mills Y Mitchell

Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

3881
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 146, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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 Senate amendments were read:

Senate Amendment 1
The Senate moves to amend HB 324 by striking "13" on lines 1 and 7 of page 1 and inserting in lieu thereof "12" and by striking "Secretary of State" on lines 2 and 7 and 8 of page 1 and inserting in lieu thereof "Governor".
By striking "6" on line 9 of page 1 and inserting in lieu thereof "7".

3882

JOURNAL OF THE HOUSE

By striking line 10 of page 1 and inserting in lieu thereof "45-12-220." By striking line 13 of page 1 and inserting in lieu thereof "45-12-221." By striking "Secretary of State" on line 14 of page 1 and inserting in lieu thereof "Governor". By striking line 16 of page 1 and inserting in lieu thereof "45-12-222." By striking on line 7 of page 2 the word "Two" and inserting in its place the word "Five". By striking "Secretary of State" on line 13 of page 2 and inserting in lieu thereof "Governor". By striking line 15 of page 2 and inserting in lieu thereof "45-12-223." By striking line 27 of page 2 and inserting in lieu thereof "45-12-224." By striking line 31 of page 2 and inserting in lieu thereof "45-12-225."

Senate Amendment 2
The Senate moves to amend HB 324 by striking on line 14, page 1 "Secretary of State" and adding instead "Governor".
Striking on page 2, line 7 "two" and changing to "five".
Striking on page 2, line 13 striking "Secretary of State" and adding instead "Governor".

Representative McBee of the 74th moved that the House disagree to the Senate amendments to HB 324.
The motion prevailed.

Representative Smith of the 13th, Post 2 moved that the first Committee of Conference on SB 167 be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, APRIL 25, 2003

3883

The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Childers of the 13th, Post 1, Smyre of the 111th and Teilhet of the 34th, Post 2.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 792

The Committee of Conference on HB 792 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 792 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Eric Johnson Senator, 1st District

/s/ DuBose Porter Representative, 119th District

/s/ Preston W. Smith Senator, 52nd District

/s/ Tom Bordeaux Representative, 125th District

/s/ Tim Golden Senator, 8th District

/s/ Mary Margaret Oliver Representative, 56th District, Post 2

3884

JOURNAL OF THE HOUSE

A BILL
To amend Titles 7, 9, 50, and 51 of the Official Code of Georgia Annotated, relating to banking and finance, civil practice, state government, and torts, respectively, so as to provide for substantive revisions to provisions regarding civil procedure and settlements and dispute resolution; to change certain provisions regarding interest on judgments; to provide for vacation of an arbitration award based upon an arbitrators manifest disregard for the law; to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to change provisions relating to dismissal of actions; to change provisions relating to jurisdiction; 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 provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-4-12, relating to interest on judgments, and inserting in lieu thereof the following:
"7-4-12. (a) All judgments in this state shall bear annual interest upon the principal amount recovered at the rate a rate of 12 percent per year equal to the prime rate as 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, on the day the judgment is entered plus 3 percent. (b) If unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such the contract or obligation. (c) The postjudgment interest provided for in this Code section shall apply automatically to all judgments in this state and such the interest shall be collectable as a part of each such judgment whether or not such the judgment specifically reflects the entitlement to such postjudgment interest. (d) This Code section shall apply to all civil actions filed on or after the effective date of this Code section."
SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (b) of Code Section 9-9-13, relating to vacation of award by court, application, grounds, rehearing, and appeal of order, and inserting in lieu thereof the following:

FRIDAY, APRIL 25, 2003

3885

"(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. Said title is further amended by striking Code Section 9-11-23, relating to class actions, and inserting in lieu thereof the following:
"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:
(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

3886

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3887

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 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 4. Said title is further amended by striking subsection (a) of Code Section 9-11-41, relating

3888

JOURNAL OF THE HOUSE

to dismissal of actions, and inserting in lieu thereof the following: "(a) Voluntary dismissal; effect.: (1) BY PLAINTIFF; BY STIPULATION. 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: (A) By filing a written notice of dismissal at any time before the plaintiff rests his case. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. (2) BY ORDER OF COURT. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiffs motion except upon order of the court and upon the terms and conditions as the court deems proper. 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. (3) EFFECT. A dismissal under this subsection is without prejudice, except that the filing of a third second notice of dismissal operates as an adjudication upon the merits."
SECTION 5. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-2-21 relating to jurisdiction extending to persons within state limits, and inserting in its place a new Code Section 50-2-21 to read as follows:
"50-2-21. (a) The jurisdiction of this state and its laws extend to all persons while within its limits, whether as citizens, denizens, or temporary sojourners. (b) A court of this state may decline to exercise jurisdiction of any civil cause of action of a nonresident accruing outside this state if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held. In determining the appropriateness of this state or of another forum, the court shall take into account the following factors:
(1) The place of accrual of the cause of action; (2) The location of witnesses; (3) The residence or residences of the parties; (4) Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and (5) The public factor of the convenience to and burden upon the court. (c) Upon a motion filed not later than 90 days after the last day allowed for the filing of the moving partys answer and upon the partys showing that the existing forum constitutes an inconvenient forum based on the factors listed in subsection (b) of this Code section and where there is another forum which can assume jurisdiction, the court

FRIDAY, APRIL 25, 2003

3889

may dismiss the action without prejudice to its being filed in any appropriate jurisdiction on any condition or conditions that may be just."
SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-14, relating to unliquidated damages, and inserting in lieu thereof the following:
"51-12-14. (a) Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing or delivering of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his or her demand, the person against whom such claim is made gives written notice by registered or certified mail or statutory overnight delivery of an offer to pay the amount of the claimants demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing or delivering of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed or delivered even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section. (b) Any written notice referred to in subsection (a) of this Code section may be given on only one occasion and shall specify that it is being given pursuant to this Code section. (c) The interest provided for by this Code section shall be at the rate of 12 percent per annum an annual rate equal to the prime rate as 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, on the thirtieth day following the date of the mailing of the last written notice plus 3 percent, and shall begin to run from the thirtieth day following the date of the mailing or delivering of the written notice until the date of judgment. This subsection shall apply to all civil actions filed on or after the effective date of this subsection. (d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice. (e) This Code section shall be known and may be cited as the 'Unliquidated Damages Interest Act.'"

3890

JOURNAL OF THE HOUSE

SECTION 7. Said title is further amended by striking Code Section 51-12-71, relating to prerequisites for transfer of structured settlement payment rights, and inserting in lieu thereof the following:
"51-12-71. (a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order by a court of competent jurisdiction or order of any government authority vested by law with exclusive jurisdiction over the settled claim resolved by the structured settlement based on express findings by the court or government authority that:
(1) The transfer complies with the requirements of this article and will does not contravene other applicable law any federal or state statute or the order of any court or any responsible administrative authority; (2) The transfer is in the best interest of the payee taking into account the welfare and support of the payees dependents; (2)(3) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth:
(A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and (H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; and (3) Written notice at least two business days prior to the effective execution of the transfer agreement has been provided by the transferee to the annuity issuer and the structured settlement obligor by certified mail or statutory overnight delivery, postage prepaid; and

FRIDAY, APRIL 25, 2003

3891

(4) The transferee has given written notice of the transferees name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court. (b) At least 20 days before the hearing which is scheduled on an application for authorizing a transfer of structured settlement payment rights under this Code section, the transferee shall file with the court and deliver to all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include the following: (1) A copy of the transferees application to the court; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under paragraph (3) of subsection (a) of this Code section; (4) Notification that an interested party may support, oppose, or otherwise respond to the transferees application, either in person or through counsel, by participating in the hearing or by submitting written comments to the court; and (5) A rule nisi containing notification of the time and place of the hearing and notification of the manner in and the time by which any written response to the application must be filed in order to be considered by the court. A written response shall be filed within 15 days after service of the transferees notice. (c) Delivery of notice as required by subsection (b) of this Code section may be made as provided in Code Section 9-11-4 or by registered or certified mail, return receipt requested. Notice by registered or certified mail is effective upon the date of delivery as shown on the return receipt. If notice by registered or certified mail is refused or returned undelivered, notice shall be delivered as provided in Code Section 9-11-4. (d) The venue for any application brought under this Code section shall be in the county in which any transferee or transferor resides or in any county in which any of the transferees or transferors have consented to venue."
SECTION 8. Said title is further amended by striking Code Section 51-12-72, relating to required transfer agreements, and inserting in lieu thereof the following:
"51-12-72. (a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (2) (3) of Code Section 5112-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement. (c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement or at the hearing provided for in subsection (b) of Code

3892

JOURNAL OF THE HOUSE

Section 51-12-71, whichever event occurs last. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payees right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point bold type, double spaced, and shall read substantially as follows:
'NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twentyfirst day following receipt of this notice or at the hearing on the application for authorization of a transfer of structured settlement payment rights, whichever event occurs last. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of ______________ (the twenty-first day following the transaction). It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. Address to which cancellation is to be returned: ___________________________________________ I (we) hereby cancel this transaction. _______________________ Payees Signature Date: _______________________.'"
SECTION 9. This Act shall become effective on July 1, 2003, and shall apply to all civil actions filed on or after July 1, 2003.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 125th moved that the House adopt the report of the Committee of Conference on HB 792.

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar

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

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

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

FRIDAY, APRIL 25, 2003

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 Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

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 E Golick Y Graves, D Y Graves, T Y Greene
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 Howell 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
Lucas N Lunsford
Maddox Y Mangham E Manning Y Marin Y Martin Y 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 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 Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 157, nays 3. The motion prevailed.

3893
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
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Thompson of the 69th, 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 Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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

3894

JOURNAL OF THE HOUSE
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 Senate amendment was read:

The Senate moves to amend HB 497 by adding after the word and symbol "Telfair," on line 23 of page 3 the following:
"Dodge, Wilcox, Bleckley,". By striking line 16 of page 4 and inserting in its place the following:
"(4) To acquire by purchase or lease, and to hold, lease, and". By striking line 22 of page 6 and inserting in its place the following:
"of tourism to the service area and its citizens without the displacement of freight operations conducted along the service area." By adding after the word and symbol "Telfair," on line 1 of page 7 the following: "Dodge, Wilcox, Bleckley,". By adding after the word and symbol "Swainsboro," on line 3 of page 7 the following: "Eastman, Abbeville, Cochran,". By adding after the word and symbol "chapter." on line 25 of page 12 the following: "In addition, the authorization for rail passenger excursion projects shall not interfere with the normal freight operations conducted by the operator of said railway."

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 497.

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

Y Amerson E Anderson Y Ashe

Y Day Dean
Y Deloach

Y Hill, C.A Hill, V
Y Hines

Mobley Y Moraitakis
Morris

Y Sims Y Sinkfield Y Skipper

FRIDAY, APRIL 25, 2003

Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Y Black 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 N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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 Lewis Y Lord
Lucas N Lunsford
Maddox Y Mangham E Manning Y Marin N Martin
Massey Y Maxwell
McBee McCall Y McClinton Y Millar Y Mills Y Mitchell

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
Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott Y Shaw N Sheldon
Sholar

On the motion, the ayes were 134, nays 14. The motion prevailed.

3895
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 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
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Douglas of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:

3896

JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 257

The Committee of Conference on SB 257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 257 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tommie Williams Senator, 19th District

/s/ Ralph Twiggs Representative, 8th District

/s/ Bill Stephens Senator, 51st District

/s/ Mickey Channell Representative, 77th District

/s/ Dan Moody Senator, 27th District

/s/ Earl Ehrhart Representative, 28th District

A BILL
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the Department of Transportation, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the department to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; 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 Transportations participation with state funds in mass transportation systems and services and in the construction and improvement of

FRIDAY, APRIL 25, 2003

3897

facilities, equipment, and capital projects for use in mass transportation service; 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code Section 32-2-78 to read as follows:
"32-2-78. As used in this chapter, the term: (1) 'Department' means the Georgia Department of Transportation. (2) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection. (3) 'Public-private initiative' means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services. (4) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, tunnels, overpasses, ferries, airports, port facilities, vehicle parking facilities, park-and-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, or similar facilities used for the transportation of persons or goods, together with any other property, buildings, structures, parking areas, appurtenances, and facilities needed to operate such system, including any major transportation facility as defined by subparagraph (a)(3) of Code Section 32-2-3, and any other facility for other transportation purposes as defined by paragraph (18) of Code Section 32-1-3. (5) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-2-79.

3898

JOURNAL OF THE HOUSE

(a) The department may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The department may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by department rules or regulations; (2) Is independently originated and developed by the proposer; and (3) Includes or is accompanied by:
(A) Such detail and information as the department may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-18-70, et seq., and an itemized, auditable listing of the costs associated with the development of the proposal; and (B) Such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are welldeveloped and consistent with the departments general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the department shall return the proposal without further action. In taking such action, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the department shall provide public notice of the proposed project. This notice shall: (1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-65;

FRIDAY, APRIL 25, 2003

3899

(2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal and to any member of the General Assembly whose House or Senate district would be affected by such proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any person or entity who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 days after the departments initial publication of the notice. Any letter of intent received by the department after the expiration of the 30 day period shall not be valid and any competing proposal submitted thereafter by a person or entity who has not submitted a timely letter of intent shall not be considered by the department and shall be returned to the person or entity who did not submit a letter of intent by the deadline. For those persons or entities who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section which fully meets the requirements of subsection (b) of this Code section, the department shall: (1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and whether it warrants further evaluation; (2) Evaluate any comparable proposal; and (3) Conduct good faith discussions and, if necessary, negotiation concerning each comparable proposal. (h) The department shall base its evaluation of the unsolicited proposal or comparable proposals on the following factors: (1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the departments mission; (4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal. (i) Once the department has concluded its evaluation of the unsolicited proposal and any comparable proposals, the department may execute a commitment agreement with the entity submitting the most desirable proposal as determined by the departments

3900

JOURNAL OF THE HOUSE

evaluation process. At least two weeks prior to approval of any project, the department shall present to the House and Senate transportation committees a report with respect to the proposed commitment agreement. Such commitment agreement shall indicate the departments commitment to undertake a public-private initiative to execute the proposal if, after public comment:
(1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement relating to an unsolicited proposal or conforming comparable proposal only if: (1) The proposal receives a favorable evaluation; (2) The department makes a written determination based on facts and circumstances that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal; and (3) The specific commitment agreement is specifically approved by affirmative vote of the State Transportation Board. (k) Once the commitment agreement is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited or conforming comparable proposal, the department: (1) Should provide public notice that the department will receive public comment with respect to such proposal. The notice shall:
(A) Be published in a newspaper of general circulation and which is a legal organ, and upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-65, or both, allowing at least 14 days and no more than 45 days for public comment to be submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (l) In taking the actions required by subsections (e) and (k) of this Code section, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section. (m) The provisions of Code Section 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public

FRIDAY, APRIL 25, 2003

3901

comment has been published as required in subsection (k) of this Code section. At all times thereafter, the department shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this chapter. (o) The department or the departments designee has the authority to make the determination and take the actions required by this Code section. (p) If the department rejects or declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the auditable costs associated with the preparation and development of the proposal upon a request for reimbursement to the department. This provision shall not apply if the department accepts a conforming comparable proposal through the procedures outlined in subsections (f) and (g) of this Code section.
32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-2-79 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement, upon completion of the public comment period, the department shall have the authority to contract with the proposer for a public-private initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. Such contracts shall be in compliance with all other applicable federal and state laws and each specific contract shall be specifically approved by affirmative vote of the State Transportation Board. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. Any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation as provided by the Constitution and laws of this state. The department may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof, including, but not limited to, the State Road and Tollway Authority. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality, including, but not limited to, the State Road and Tollway Authority. (c) The department, in its sole discretion, may reject any unsolicited proposal at any

3902

JOURNAL OF THE HOUSE

time until a contract is signed with the entity submitting the proposal. In the event that a proposal is rejected but the department subsequently proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the proposal as indicated in subsection (p) of Code Section 32-2-79."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 32-2-69, relating to award of contract to lowest reliable bidder, procedure upon rejection of bids, receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in its place the following:
"(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-2, relating to operation by Department of Transportation of facilities or systems and financial assistance to systems, by striking paragraph (3) of subsection (b) and inserting in its place the following:
"(3) The departments participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The departments participation with state funds shall be limited to a maximum of 10 15 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Ehrhart of the 28th moved that the House adopt the report of the Committee of Conference on SB 257.

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

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

Mobley N Moraitakis
Morris Mosby Y Mosley Y Murphy, J

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

FRIDAY, APRIL 25, 2003

Beasley-Teague N 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
Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Dooley Y Douglas N 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 E Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree N Henson Y Hill, C

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
Maddox Y Mangham E Manning
Marin Y Martin Y Massey Y Maxwell
McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock
Parham 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 Rynders Y Sailor Y Scott Shaw Y Sheldon Sholar

On the motion, the ayes were 145, nays 6. The motion prevailed.

3903
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 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 Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y 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.

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

SB 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

3904

JOURNAL OF THE HOUSE
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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the final decision of the Board of Pardons and Paroles in each case shall be made public; 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; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking subsection (b) of Code Section 42-9-42, relating to the procedure for granting relief from sentence, conditions and prerequisites, and violation of parole, and inserting in lieu thereof the following:
"(b) A grant of clemency, pardon, parole, or other relief from sentence shall be rendered only by a written decision which shall be signed by at least the number of board members required for the relief granted and which shall become a part of the permanent record. Within three business days of the boards final decision, the names of the inmate and of the board members voting to parole that inmate shall be made public."
SECTION 2. Said chapter is further amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
42-9-90. (a) As used in this Code section, the term:
(1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) 'Offender' means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the

FRIDAY, APRIL 25, 2003

3905

jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (3) 'State' means a state of the United States, the District of Columbia, or any other territorial possessions of the United States. (b) The Department of Corrections and the State Board of Pardons and Paroles are authorized to require any nonindigent adult offender to pay a $50.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of this chapter."
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 Jenkins of the 93rd, was read and adopted:

A BILL
To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the charging and collection of a $25.00 fee for applications submitted by nonindigent adult offenders seeking to transfer their supervision to another state or territory; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
42-9-90. (a) As used in this Code section, the term:
(1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) 'Offender' means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the

3906

JOURNAL OF THE HOUSE

jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (3) 'State' means a state of the United States, the District of Columbia, or any other territorial possessions of the United States. (b) The Department of Corrections and the State Board of Pardons and Paroles are authorized to require any nonindigent adult offender to pay a $25.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of 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.

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 E 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 Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
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 E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner

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
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham E Manning

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 Sims Y Sinkfield Y Skipper Y Smith, B
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 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 Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Marin Y Martin Y Massey
Maxwell McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon
Sholar

3907
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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stokes of the 72nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

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.

Representative Burkhalter of the 36th moved that the House insist on its position in amending the Senate substitute to HB 175 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

3908

JOURNAL OF THE HOUSE

Representatives Burkhalter of the 36th, Parrish of the 102nd and Maddox of the 59th, Post 2.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 73

The Committee of Conference on SB 73 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 73 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joey Brush Senator, 24th District

/s/ Buckner Representative, 109th District

/s/ Charles C. Clay Senator, 37th District

/s/ G. Greene Representative, 134th District

/s/ B. P. Kemp Senator, 46th District

/s/ C. Hill Representative, 16th District

A BILL

FRIDAY, APRIL 25, 2003

3909

To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she is deceased or has been out of office for at least five years; to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by adding at the end of Article 1 a new Code section to read as follows:
"50-16-20. On and after July 1, 2003, no property owned by the state including, but not limited to, state parks, buildings, highways, roads, or bridges, shall be officially designated or redesignated by any state agency or state official by the name and in honor of any elected public official unless the public official is deceased or until he or she has been out of office for at least five years, and no signs or markers shall be erected which so designate any such state owned property."
SECTION 2 Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:
"(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above."
SECTION 3. Said chapter is further amended by inserting immediately following Code Section 50-16-

3910

JOURNAL OF THE HOUSE

161 a new Code Section 50-16-161.1 to read as follows: "50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria: (1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a

FRIDAY, APRIL 25, 2003

3911

certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department."
SECTION 5. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse."
SECTION 6 Section 1 of this Act shall be repealed in its entirety on June 30, 2005, and the remaining sections of this Act shall be repealed in their entirety on June 30, 2006.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Buckner of the 109th moved that the House adopt the report of the Committee of Conference on SB 73.

On the motion, 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 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

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 E Golick

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
Knox Y Lane Y Lewis Y Lord

Y Mobley 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

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 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

3912
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
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 Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y 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

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:
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.
The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:

FRIDAY, APRIL 25, 2003

3913

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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Tanksley of the 32nd, Hall of the 22nd, and Clay of the 37th.
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 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 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

3914

JOURNAL OF THE HOUSE

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 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.
The Senate insists on its amendment to the following bill of the House:
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 following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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.

FRIDAY, APRIL 25, 2003 The following Senate substitute was read:

3915

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 generally, 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 Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add hybrid vehicles to the definition of alternative fueled vehicles; so as to provide for circumstances under which a person may be cited for exceeding the speed limit in a highway work zone; to change the requirements for the size of required warning signs; to provide that the 30 day limitation regarding notice of reduction of the speed limit shall not apply to work zone speeding violations; 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 32-6-27 of the Official Code of Georgia Annotated, relating to enforcement of load limitations, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"32-6-27. (a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 pounds of excess weight; plus 5 per pound for all excess weight over 8,000 pounds; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety is authorized to issue a

3916

JOURNAL OF THE HOUSE

citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(1) Within 15 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. (2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. The scope of any such hearing shall be limited to a determination of:

FRIDAY, APRIL 25, 2003

3917

(A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs. (d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows: (1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; and (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code

3918

JOURNAL OF THE HOUSE

section and hold such vehicle until the prescribed moneys are paid. Any person seizing such a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within 15 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the administrative law judge that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection. (3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53 by sending notice thereof on a notice designated by the commissioner of motor vehicle safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Motor Vehicle Safety maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Motor Vehicle Safety, the holder of the certificate of title shall surrender same to the commissioner of motor vehicle safety for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Motor Vehicle Safety may append its lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department may satisfy such lien by payment of the amount of the

FRIDAY, APRIL 25, 2003

3919

assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety shall release its lien. (h)(1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioners claim and sufficient grounds for issuance of an immediate writ of possession. (2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (i)(1) Whenever any person, firm, or corporation violates this article and fails within 15 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety may act to suspend the motor vehicle license plate registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety shall act to suspend the license plate registration only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating the fact of such overdue assessment. Upon receipt of such letter from the Department of Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notify the Department of Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the Department of Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle

3920

JOURNAL OF THE HOUSE

license plate issued to such motor vehicle to the Department of Motor Vehicle Safety notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety, the commissioner of motor vehicle safety shall return reinstate any motor vehicle license plate registration suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 $150.00 restoration fee to the Department of Motor Vehicle Safety. (2) The Department of Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Motor Vehicle Safety, to forward the license plate to the Department of Motor Vehicle Safety. Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) If such motor vehicle license plate is not received by the Department of Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of motor vehicle safety shall forthwith direct any peace officer to secure possession of such plate and return the same to the commissioner of motor vehicle safety. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Motor Vehicle Safety maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons

FRIDAY, APRIL 25, 2003

3921

for such impossibility is received by the department. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice. (5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate. The commissioner of motor vehicle safety may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason. (6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. (7) For the purposes of this subsection, where any provisions require the Department of Motor Vehicle Safety to give notice to a person, which notice affects such persons motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-4, relating to designation of travel lanes and use of such lanes, by adding a new subsection (a.1) to read as follows:
"(a.1) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section."
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-76, relating to alternative fueled vehicle license plates, by striking subsection (a) and inserting in its place the following:
"(a) As used in this Code section, the term: (1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy

3922

JOURNAL OF THE HOUSE

determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (2) 'Alternative fueled vehicle' means:
(A) Any any vehicle fueled by alternative fuel as defined in paragraph (1) of this subsection; or (B) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer."
SECTION 4. Said title is further amended in Code Section 40-6-188, relating to highway work zones, by striking subsection (e) and inserting in its place the following:
"(e)(1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or (B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public. (2) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred."

FRIDAY, APRIL 25, 2003

3923

SECTION 5. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by striking Code Section 40-14-6, relating to required warning signs, and inserting in its place the following:
"40-14-6. (a) Each county, municipality, college, and university using speed detection 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 corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection. (b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection."
SECTION 6. Said article is further amended in Code Section 40-14-9, relating to when evidence obtained in certain areas is inadmissible and use of a speed detection device on a hill, by striking said Code section in its entirety and inserting in its place the following:
"40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."

3924

JOURNAL OF THE HOUSE

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 93rd moved that the House agree to the Senate substitute to HB 719.

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

Y Amerson E 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
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 Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Gardner E 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
Henson Y Hill, C

Y Hill, C.A Y Hill, V
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
Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E 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
Noel Y 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 Y Reece, B Y Reece, S
Rice Richardson Y Roberts, J Roberts, L Y Rogers, C 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 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 Y Yates
Coleman, Speaker

On the motion, the ayes were 152, nays 1. The motion prevailed.

FRIDAY, APRIL 25, 2003

3925

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 savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 424 by inserting on line 5 of page 1 after "immunity;": "to amend Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of plans, so as to include critical access hospital authorities and federally qualified health centers;".
By inserting following line 24 of page 1 the following:
"SECTION 1A. Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of plans, is amended by adding after the third sentence the following: 'Public employees of any critical access hospital authority or federally qualified health center may, with the approval of the State Personnel Board and the approval of such hospital authority or health center, participate in the state plan.'"

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 424.

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders

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 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 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
Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Stanley-Turner Y Stephens, E Y Stephens, R

3926
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 Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y 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 Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen
Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton 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
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
Sheldon Y Sholar

On the motion, the ayes were 154, nays 0. The motion prevailed.

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 Coleman, Speaker

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

SB 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; to provide an effective date; to

FRIDAY, APRIL 25, 2003 repeal conflicting laws; and for other purposes.

3927

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to provide for investigation of a fine upon the request of a sheriff, chief of police, or district attorney; to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the Official Code of Georgia Annotated, relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; 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 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 25-2-9 to read as follows:
"25-2-9. (a) The state fire marshal or any of his appointed staff are granted the authority and power which sheriffs have to make arrests of any persons violating or charged with violating any of the criminal statutes of this state relating to arson. The state fire marshal or any of his appointed staff shall immediately deliver the arrested person or persons to the custody of the sheriff of the county in which the offense was committed. The duty of the sheriff as to the person delivered to him by any person making an arrest under this chapter shall be the same as if the sheriff had made the original arrest. Upon the request of the sheriff of the county, the chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire official, the state fire marshal and any employees of such official shall have the authority to investigate the cause and origin of any fire which occurred in said county, jurisdiction, or judicial circuit. (b) Subject to the approval of the Commissioner, the state fire marshal or any of his deputies, assistants, or inspectors are authorized to carry weapons in order to enforce this chapter Personnel employed and authorized by the state fire marshal shall have the

3928

JOURNAL OF THE HOUSE

power to make arrests for criminal violations established as a result of investigations. Such personnel must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws. Authorized personnel empowered to make arrests pursuant to this Code section shall be empowered to carry firearms as authorized by the state fire marshal in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Code section or to interfere in any manner, including abetting or assisting such resistance or interference, with personnel employed by the state fire marshal in the duties imposed upon such personnel by law."
SECTION 2. Code Section 35-8-10 of the Official Code of Georgia Annotated, relating to applicability of peace officer certification requirements generally, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, municipalities, the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue, Alcohol and Tobacco Tax Unit, the Secretary of States investigative section, the Office of the Commissioner of Insurance and Safety Fire Commissioner, or a railroad after July 1, 1975, are required to comply with the certification provisions of this chapter. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this chapter except as provided in this Code section so long as the registration provided for in subsections (d) and (e) of this Code section remains in effect. Any peace officer otherwise exempt from the certification provisions of this chapter must meet the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8."
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:

FRIDAY, APRIL 25, 2003

Y Amerson E 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
Cooper Y Crawford
Cummings

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley 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 E 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 Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
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 Y Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y 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 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

3929
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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

3930

JOURNAL OF THE HOUSE

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

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

Y Amerson E Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders N Bridges N 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
Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins
Jones Y Jordan N Joyce N Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin N Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar N 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 N Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N 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
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 N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 133, nays 30. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read and adopted:

FRIDAY, APRIL 25, 2003

3931

HR 913. By Representatives Skipper of the 116th, Westmoreland of the 86th and Coleman of the 118th:
A RESOLUTION inviting the Governor to address the House of Representatives; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 175

The Committee of Conference on HB 175 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 175 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charlie Tanksley Senator, 32nd District

/s/ George Maddox Representative, 59th District, Post 2

/s/ Charles C. Clay Senator, 37th District

/s/ Mark Burkhalter Representative, 36th District

/s/ Randy Hall Senator, 22nd District

/s/ Butch Parrish Representative, 102nd District

3932

JOURNAL OF THE HOUSE

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; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, is amended by striking paragraph (4) of subsection (a) and inserting in its place the following:
"(4) Consumes food or beverage or possesses any open food or beverage container, provided that this paragraph shall not apply to resealable bottled water beverages in resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, however, that nothing in this paragraph shall preclude a public transit system operated or funded by a county, municipality, or consolidated government from prohibiting the consumption of any beverage in a public transit bus;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Maddox of the 59th, Post 2 moved that the House adopt the report of the Committee of Conference on HB 175.

On the motion, 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 Y Benfield Y Birdsong
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 Y Floyd, J

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

Mobley Y Moraitakis
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 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 Broome Y Brown Y Bruce
Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Fludd Y Forster Y 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 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 E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
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 Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 159, nays 0. The motion prevailed.

3933
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
Wix Yates Coleman, Speaker

By unanimous consent, all Bills and Resolutions on the General Calendar were recommitted to the Committee from whence they came.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 544
The Committee of Conference on HB 544 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of

3934

JOURNAL OF THE HOUSE

Conference Substitute to HB 544 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Thomas E. Price Senator, 56th District

/s/ Jeanette Jamieson Representative, 22nd District

/s/ Don Balfour Senator, 9th District

/s/ Keith G. Heard Representative, 75th District

/s/ Bill Stephens Senator, 51st District

/s/ Jimmy Skipper Representative, 116th District

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 provide governmental bodies the additional power and authority to enter into, terminate, modify or amend an interest rate swap, cap, floor, collar, or similar arrangement, or any combination thereof or option with respect thereto, as a hedge with respect to the interest rate or rates on any bonds issued or authorized to be issued by such governmental body pursuant to the Revenue Bond Law; to provide for definitions; to provide for procedures, conditions, and limitations; to change certain provisions regarding liability and recitations; to provide for related matters; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, is amended by adding three new paragraphs in Code Section 36-82-61, relating to definitions, to be designated paragraphs (.1), (2.1), and (2.2), to read as follows:
"(.1) 'Eligible collateral' shall mean any investment eligible for the investment of bond proceeds under Code Section 36-82-7, as amended, provided that the credit rating assigned to such investment is at least 'Aa3' from Moodys Investors Service, Inc., or 'AA-' form Standard & Poors Ratings Service, a Division of The McGraw-Hill Companies, Inc., or an equivalent rating from any other nationally-recognized securities ratings agency." "(2.1) 'Hedge contract' means any interest rate swap, cap, floor, collar, or other

FRIDAY, APRIL 25, 2003

3935

arrangement similar to the foregoing, or any combination thereof or option with respect thereto, entered into by a governmental body with a qualified hedge provider in connection with the issuance, carrying, or refunding of any bonds issued or authorized to be issued by the governmental body pursuant to this article. (2.2) 'Qualified hedge provider' means any bank, insurance company, or similar financial institution duly qualified to do business in this state, and which either:
(A) Has, at the time of entering into the hedge contract and for the entire term thereof, a long-term, unsecured debt rating or financial strength rating of at least 'Aa3' from Moodys Investors Service, Inc., or 'AA-' from Standard & Poors Ratings Services, a Division of the McGraw-Hill Companies, Inc., or an equivalent rating from any other nationally-recognized securities rating agency; or (B) Provides to the governmental body eligible collateral with a value equal to the value of the hedge contract, with each such value determined simultaneously at least once each calendar month during the term of the hedge contract."
SECTION 2. Said article is further amended in subsection (a) of Code Section 36-82-62, relating to powers as to undertakings and revenue bonds generally, by striking "and" at the end of paragraph (5); by striking the period at the end of paragraph (6), and inserting in its place "; and" and by adding a new paragraph (7) to read as follows:
"(7) To enter into, terminate, amend, or otherwise modify any hedge contract in connection with the issuance, carrying, or refunding of any bonds issued under this article, provided that the following conditions shall have been satisfied:
(A) The governmental body shall specify in reasonable detail the bonds which may be one series or multiple series and which specification may be changed from time to time; provided, however, the remaining conditions set forth in this paragraph are satisfied, to which such hedge contract relates, and shall make a determination, by resolution duly adopted, that the hedge contract is entered into in order to hedge or otherwise manage its interest rate risk in connection with the issuance, carrying, or refunding of such bonds; and (B) The notional amount of the hedge contract does not exceed, at any time during the term thereof, the principal amount of bonds identified by the governmental body pursuant to subparagraph (A) of this paragraph outstanding at such time, and the term of such hedge contract does not exceed the latest maturity date of such bonds so identified."
SECTION 3. Said article is further amended by adding a new subsection (c) at the end of Code Section 36-82-65, relating to covenants, to read as follows:
"(c) Notwithstanding any provision of this article to the contrary, in connection with any hedge contract entered into by a governmental body pursuant to this article, such governmental body may, in the resolution or resolutions authorizing the issuance of the related bonds, in any bond resolution, trust indenture or similar arrangement related

3936

JOURNAL OF THE HOUSE

thereto, or in the hedge contract itself: (1) Pledge to the punctual payment of amounts due under the hedge contract the revenues of the related undertaking or any part thereof, which pledge may be on parity with or subordinate to any pledge of such revenues made to secure the punctual payment of amounts due with respect to the related bonds; (2) Provide that amounts to be paid to the governmental body by the qualified hedge provider pursuant to the hedge contract shall be included in the revenues of the related undertaking; and (3) Make any additional covenants described in subsection (a) of this Code section for the benefit of the qualified hedge provider as the governmental body may determine are reasonable and appropriate; provided, however, that any pledge of revenues made to or for the benefit of a qualified hedge provider to secure any amount due upon early termination of the related hedge agreement shall be expressly subordinate to any pledge made in favor of the holders of the related bonds. Any hedge contract entered into by a governmental body in connection with the issuance of bonds under this article may be included in the validation proceeding with respect to such bonds."
SECTION 4. Said article is further amended by striking Code Section 36-82-66, relating to liability and recitations, and inserting in its place a new Code Section 36-82-66 to read as follows:
"36-82-66. Revenue bonds issued under this article and any hedge contract entered into relating thereto shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the governmental body issuing or entering into the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds nor any qualified hedge provider under any such hedge contract shall ever have the right to compel any exercise of the taxing power of the governmental body to pay any such bonds or the interest thereon or any amount due under any such hedge contract, nor to enforce payment thereof against any property of the governmental body; nor shall any such bonds or any such hedge contract constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the governmental body. Every bond issued and every hedge contract entered into under this article shall contain a recital setting forth the substance of this Code section."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, APRIL 25, 2003

3937

Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on HB 544.

On the motion, 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 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
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
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 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 Y Heckstall Y 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
Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin
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 Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C
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
Yates Coleman, Speaker

On the motion, the ayes were 162, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

3938

JOURNAL OF THE HOUSE

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 Senate substitute was read:

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 provide that a claim for refund may not be submitted by a taxpayer on behalf of a class of other taxpayers alleged to be similarly situated; to provide that an action for refund may not be brought by a taxpayer on behalf of such a class; to change certain provisions regarding definitions; to change certain provisions regarding dealers sales and use tax returns; to change certain provisions regarding compensation of dealers; 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 change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to repeal certain provisions regarding the second motor fuel tax; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(b)(1) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after the date of the payment of the tax or fee to the commissioner. Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the

FRIDAY, APRIL 25, 2003

3939

taxpayer relies. Should any person be prevented from filing such an application because of his own or his counsels service in the armed forces during such period, the period of limitation shall date from his or his counsels discharge from the service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated."
SECTION 2. Said title is further amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, in subsection (b) by redesignating paragraph (5) as paragraph (6) and inserting a new paragraph (5) to read as follows:
"(5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated."
SECTION 3. Said title is further 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. This shall not 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 4. 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

3940

JOURNAL OF THE HOUSE

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 5. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of Code section but not including Code Section 48-9-14."
SECTION 6. 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 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."

FRIDAY, APRIL 25, 2003

3941

SECTION 7. 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 to 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 8. (a) This section and Section 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims for refunds filed or actions for refunds brought pursuant to Code Section 48-2-35 before, on, or after such effective date. (c) Sections 3, 4, 5, 6, and 7 of this Act shall become effective on January 1, 2004.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 140th moved that the House agree to the Senate substitute to HB 504.

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

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

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

3942
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 Forster Y Franklin Y Gardner E 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 Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin
Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

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
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the motion, the ayes were 163, nays 0. The motion prevailed.

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
Yates Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 237

FRIDAY, APRIL 25, 2003

3943

The Committee of Conference on HB 237 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 237 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Hugh Gillis, Sr. Senator, 20th District

/s/ Bob Hanner Representative, 133rd District

/s/ Eric Johnson Senator, 1st District

/s/ Royal Representative, 140th District

/s/ Casey Cagle Senator, 49th District

/s/ Tom McCall Representative, 78th District

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 change certain provisions relating to powers and duties of the Board of Natural Resources as to public water systems; to change certain provisions relating to powers and duties of the director as to public water systems generally; to provide for preparation, review, and submission of a proposed comprehensive state-wide water management plan; to provide for rules and regulations; to change certain provisions relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative

3944

JOURNAL OF THE HOUSE

override; to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority; 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 (c) of Code Section 12-5-105;"
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

FRIDAY, APRIL 25, 2003

3945

entirely confined and retained completely upon the property of a single individual, partnership, or corporation; provided, however, that surface waters of the state or surface waters does not include waters of the Atlantic Ocean lying within or without or forming a part of the boundaries of the state; and provided, further, that surface waters of the state or surface waters does not include any pond for farm use which body of water is entirely confined or 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 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; provided, however, that no permit shall be required for construction and filling of an impoundment for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. (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; provided, however, that no permit shall be required for continued use of an impoundment for farm use which

3946

JOURNAL OF THE HOUSE

body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. 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 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 on or 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

FRIDAY, APRIL 25, 2003

3947

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. (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

3948

JOURNAL OF THE HOUSE

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. (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

FRIDAY, APRIL 25, 2003

3949

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. (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

3950

JOURNAL OF THE HOUSE

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 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)(1) For any river basin in which at least 50 percent of the surface-water withdrawals are for farm uses, as calculated on an annual average daily basis, the director shall establish a surface-water allocation bank for purposes of this subsection. (2) The director may determine the balance of water in the bank available for withdrawal pursuant to permits based upon scientific analysis of the available capacity of the water resource.

FRIDAY, APRIL 25, 2003

3951

(3) The Board of Natural Resources may by rule or regulation establish procedures, methods, and incentives for permittees to voluntarily relinquish and deposit amounts of water withdrawal authorization into such surface-water allocation bank. Any amounts so deposited shall be available for issuance of new withdrawal permits to other applicants, subject to the provisions of this Code section and any rules or regulations promulgated pursuant thereto. (4) The Board of Natural Resources shall by rule or regulation provide procedures and methods whereby, on and after July 1, 2006, in any such river basin in which there is a moratorium on the issuance of new surface-water withdrawal permits, any existing permittee in such river basin may voluntarily surrender all or part of a surface-water withdrawal permit, and any amount of water withdrawal authorization so surrendered shall be made available for issuance of new withdrawal permits in such river basin to any other applicant designated by the surrendering permittee, subject to the provisions of this Code section and any rules or regulations promulgated pursuant thereto; provided, however, that any such new permit shall be issued for withdrawal only in the same county as the surrendered permit allowed withdrawal or a county adjacent thereto. (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 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

3952

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3953

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; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (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 on or 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 on or 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, on and 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. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses. (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,

3954

JOURNAL OF THE HOUSE

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 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; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale; (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under Code Section 12-5-584; and (iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date. (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; 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; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale; (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under Code Section 12-5-584; and (iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date. (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

FRIDAY, APRIL 25, 2003

3955

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 transfer that transfers water through more than two adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except to satisfy critical needs or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties indentified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (2)(C) Any intrabasin transfer that transfers water through more than three adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except to satisfy critical needs or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (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 any applicable requirements of this article; and (F) 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 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

3956

JOURNAL OF THE HOUSE

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:
(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

FRIDAY, APRIL 25, 2003

3957

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."
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.

3958

JOURNAL OF THE HOUSE

(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. (3) No permit shall be issued under this part for withdrawal of ground water from under the bed of the Atlantic Ocean unless and until the division has completed a scientific study of the effects on the aquifer affected. (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 (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

FRIDAY, APRIL 25, 2003

3959

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 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.

3960

JOURNAL OF THE HOUSE

(h)(1) For any river basin in which at least 50 percent of the ground-water withdrawals are for farm uses, as calculated on an annual average daily basis, the director shall establish a ground-water allocation bank for purposes of this subsection. (2) The director may determine the balance of water in the bank available for withdrawal pursuant to permits based upon scientific analysis of the available capacity of the water resource. (3) The Board of Natural Resources may by rule or regulation establish procedures, methods, and incentives for permittees to voluntarily relinquish and deposit amounts of water withdrawal authorization into such water allocation bank. Any amounts so deposited shall be available for issuance of new withdrawal permits to other applicants, subject to the provisions of this part and any rules or regulations promulgated pursuant thereto. (4) The Board of Natural Resources shall by rule or regulation provide procedures and methods whereby, on and after July 1, 2006, in any such river basin in which there is a moratorium on the issuance of new ground-water withdrawal permits, any existing permittee in such river basin may voluntarily surrender all or part of a ground-water withdrawal permit, and any amount of water withdrawal authorization so surrendered shall be made available for issuance of new withdrawal permits in such river basin to any other applicant designated by the surrendering permittee, subject to the provisions of this part and any rules or regulations promulgated pursuant thereto; provided, however, that any such new permit shall be issued for withdrawal only in the same county as the surrendered permit allowed withdrawal or a county adjacent thereto. (i)(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; (i.1) Waters taken from under the bed of the Atlantic Ocean for purposes of

FRIDAY, APRIL 25, 2003

3961

desalination; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; and (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under Code Section 12-5-584. (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; 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; (i.1) Waters taken from under the bed of the Atlantic Ocean for purposes of desalination; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; and (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under Code Section 12-5-584. (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 reasonable supply of ground water to such users and applicants; (B) Any interbasin transfer that transfers water through more than two adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except to satisfy critical needs or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (C) Any intrabasin transfer that transfers water through more than three adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except to satisfy critical needs or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt

3962

JOURNAL OF THE HOUSE

Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (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 ground water protection in the basin of origin and any applicable requirements of Article 2 of this chapter, the 'Georgia Water Quality Control Act'; and (F) 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)(j)(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 empowered to administer and enforce. (3) In the event the director asserts in response to the petition before the

FRIDAY, APRIL 25, 2003

3963

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 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

3964

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3965

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 on or 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. (c)(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

3966

JOURNAL OF THE HOUSE

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; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (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 on or 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 on or 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, on and 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. (6) Any reports of amounts of use for recreational purposes under this part shall be

FRIDAY, APRIL 25, 2003

3967

compiled separately from amounts reported for all other farm uses. (c)(d) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."
PART IV SECTION 4-1.
Said chapter is further amended in subsection (a) of Code Section 12-5-174, relating to powers and duties of the Board of Natural Resources as to public water systems, by striking the period at the end of paragraph (4) and inserting "; and" in lieu thereof and adding a new paragraph (5) to read as follows:
"(5) Establish by rules or regulations such policies, requirements, or standards as are necessary and appropriate governing the installation and operation of watermeasuring devices on individual service connections in privately owned public water systems. Such rules or regulations shall provide for a phase-in of such device installation and operation requirements, with first priority given to application of such requirements to privately owned public water systems having the greatest annual consumption; provided, however, that such device installation and operation requirements shall apply to all privately owned public water systems not later than July 1, 2006."
SECTION 4-2. Said chapter is further amended in subsection (a) of Code Section 12-5-176, relating to powers and duties of the director as to public water systems generally, by striking "and" at the end of paragraph (11), striking the period at the end of paragraph (12) and inserting "; and" in lieu thereof, and adding a new paragraph (13) to read as follows:
"(13) To exercise general supervision over the installation and operation of watermeasuring devices on individual service connections in privately owned public water systems in accordance with rules or regulations adopted pursuant to paragraph (5) of subsection (a) of Code Section 12-5-174."
PART V SECTION 5-1.
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;

3968

JOURNAL OF THE HOUSE

(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 5-2. 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.'
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

FRIDAY, APRIL 25, 2003

3969

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 have a sound scientific foundation and 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; (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.

3970

JOURNAL OF THE HOUSE

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 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

FRIDAY, APRIL 25, 2003

3971

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 5-3. Said chapter is further amended by striking subsection (f) of Code Section 12-5-584, relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District, and inserting in lieu thereof the following:
"(f) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area unless such transfer shall be from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date."
SECTION 5-4. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, 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."
SECTION 5-5. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure of records is not required and disclosure of exempting authority, by inserting a new paragraph to read as follows:
"(10.1) Records of farm water use by individual farms as determined by watermeasuring devices installed or meters approved pursuant to Code Section 12-5-31 or

3972

JOURNAL OF THE HOUSE

12-5-105; provided, however, that compilations of such records for an entire river basin or aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;"
PART VI SECTION 6-1. All laws and parts of laws in conflict with this Act are repealed.

Representative Hanner of the 133rd moved that the House adopt the report of the Committee of Conference on HB 237.

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

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

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

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

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

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

FRIDAY, APRIL 25, 2003 On the motion, the ayes were 60, nays 105. The motion was lost.

3973

Representative Hanner of the 133rd moved that the House reconsider its action in failing to adopt the Committee of Conference report on HB 237

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

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

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

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

Mobley N Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock
Parham Y Parrish Y Parsons N Porter Y Powell N Purcell Y Ralston Y Randall Y Ray N 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 Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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

On the motion, the ayes were 91, nays 72. The motion prevailed.

3974

JOURNAL OF THE HOUSE

On the motion to adopt the Committee of Conference report on HB 237, the roll call was ordered and the vote was as follows:

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

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

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

N Mobley N Moraitakis Y Morris
Mosby N Mosley Y Murphy, J
Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock
Parham N Parrish Y Parsons N Porter Y Powell N Purcell N Ralston N Randall Y Ray N 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 Y Sailor N Scott Y Shaw Y Sheldon Y Sholar

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

On the motion, the ayes were 61, nays 98. The motion was lost.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
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:

FRIDAY, APRIL 25, 2003

3975

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.

The following Senate substitute was read:

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 for Aging Adults Licensure Act"; to provide a short title; to define terms; to provide for licensure of adult day centers; to authorize the Department of Human Resources to promulgate regulations for the operation of adult day centers; to authorize the Department of Human Resources to issue and revoke licenses of adult day centers; to provide access to adult day centers for the Department of Human Resources for the purpose of inspection and investigation; to provide for exemptions from inspections; to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection 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 amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize actions against applicants and licensees of certain centers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding after Code Section 49-6-77, relating to rules and regulations to implement Georgia Family Caregiver Support, a new article to read as follows:
"ARTICLE 7
49-6-80. This article shall be known and may be cited as the 'Adult Day Center for Aging Adults Licensure Act.'
49-6-81. The intent of the General Assembly is to promote, safeguard, and protect the well-being

3976

JOURNAL OF THE HOUSE

of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day health services providers. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for promulgating, implementing, and enforcing the licensure regulations.
49-6-82. As used in this article, the term:
(1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) of this Code section. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for selfcare. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.
49-6-83. No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or transferable.
49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend,

FRIDAY, APRIL 25, 2003

3977

or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
49-6-85. An adult day center for which an application for a license has been submitted or to which a license has been issued shall be inspected by the department periodically and as determined necessary to monitor such centers compliance with applicable laws and regulations; provided, however, the department may exempt a center from inspection if such center has been certified or accredited by a certification or accreditation entity recognized and approved by the department if such entity uses standards that are substantially similar to those established by the department. A center seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certificaiton or accreditation inspection report, which shall be maintained by the department as a public record."
SECTION 1A. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by striking Code Section 30-5-8, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, and inserting in lieu thereof the following:
"30-5-8. (a)(1) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a misdemeanor of a high and aggravated nature felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."
SECTION 2. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (a) of Code Section 31-2-6, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of this title and Chapter 5 of Title 49, and inserting in its place the following:

3978

JOURNAL OF THE HOUSE

"(a) This Code section shall be applicable to any agency, center, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
SECTION 3. (a) For purposes of promulgating rules and regulations only, the Sections 1 and 2 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. (b) For all other purposes, Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. (c) This section and Sections 1A and 4 of this Act shall become effective July 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative McClinton of the 59th, Post 1 moved that the House agree to the Senate substitute to HB 318.

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

Y Amerson E 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

N Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Gardner E Golick

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
Jones Jordan N Joyce Keen N Knox Y Lane Y Lewis Y Lord

Y Mobley Moraitakis
Y Morris Y Mosby Y Mosley Y Murphy, J
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 Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow 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 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
Cooper Y Crawford Y Cummings

FRIDAY, APRIL 25, 2003

Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw N Sheldon Y Sholar

On the motion, the ayes were 135, nays 11. The motion prevailed.

3979
Twiggs 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 Yates Coleman, Speaker

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.

The following Senate amendment was read:

The Senate moves to amend HB 590 by inserting "to change certain provisions regarding the regulation of certificated professional personnel;" between "as" and "to" on line 2 of page 1.
By inserting "to change certain provisions regarding specific course requirements; to change certain provisions regarding paraprofessionals and aides;" between "circumstances;" and "to" on line 3 of page 1.
By striking lines 8, 9, and 10 of page 1 and inserting in their place the following:
"secondary education, is amended by striking Code Section 20-2-200, relating to regulation of certified professional personnel and inserting in its place new Code

3980

JOURNAL OF THE HOUSE

Sections 20-2-200 and 20-2-200.1 to read as follows: '20-2-200. (a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term "certificated professional personnel" is defined as all professional personnel certificated by the commission and county or regional librarians. (b) The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators.
(1) Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicants field of certification; computer skill competency; standards of ethical conduct; and course work in the identification and education of children who have special educational needs. (2) Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; course work in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period of the first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicants field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional

FRIDAY, APRIL 25, 2003

3981

Standards Commission. (3) Requirements for certification renewal shall be established to foster on going professional learning, enhance student achievement, and verify standards of ethical conduct. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicants field of certification and background checks. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks. (4) Requirements designating approved in-field assignment standards appropriate to the applicants field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields. (c) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate. (b)(1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicants field of certification. (2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills, a test of computer skill competency, and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicants field of certification. Successful completion of the phase one InTech model training at a state educational technology training center or by a State Board of Education approved redelivery team shall be acceptable for certificate renewal purposes. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices. (3) An applicant shall be exempted from the written planning portion of the on-thejob assessment requirement pursuant to paragraph (2) of this subsection if:

3982

JOURNAL OF THE HOUSE

(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or (B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the masters degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof. (4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210. (5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge. (6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field. (7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. (8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.

FRIDAY, APRIL 25, 2003

3983

(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicants certificate or has completed a teacher training course approved by the commission. (b.1) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teachers national certificate. (c)(1) The Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(A) Is the holder of a bachelors degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; (C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and (D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission. (2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical. (d)(1) The Professional Standards Commission shall grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions: (A) Is the holder of a masters degree or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; (C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and (D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional

3984

JOURNAL OF THE HOUSE

Standards Commission. (2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical. (d) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (e)(1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:

(A) For an applicant for initial certification who is not currently

employed in Georgia public or private schools

$20.00

(B) For an applicant for initial certification who is not a graduate of an

accredited education program from a Georgia college or university

20.00

(C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools

20.00

(D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools

20.00

(E) For an applicant for a conditional certificate

20.00

(F) For an applicant for the renewal of any certificate if the applicant is

not currently employed by a public or private school in Georgia

20.00

(G) For evaluating transcripts where certificates are not issued and for

issuing duplicate copies of certificates

20.00

(2) The fees provided for in paragraph (1) of this subsection shall be paid by an

FRIDAY, APRIL 25, 2003

3985

applicant by cashiers check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection. (f) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (g)(f) As used in this part, unless the context indicates otherwise, the term "commission" means the Professional Standards Commission established under Part 10 of Article 17 of this chapter.'"
By striking ", required by Code Section 20-2-200," on lines 12 and 13 of page 1.
By inserting between lines 18 and 19 of page 1 the following:
"SECTION 2. Said chapter is further amended by striking Code Section 20-2-201, relating to specific course requirements, and inserting in its place a new Code Section 20-2-201 to read as follows:
'20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed coursework of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, "children who have special educational needs" is defined as gifted children and children who receive educational services under an Individualized Education Plan. Teachers, principals, and guidance counselors who have satisfactorily completed coursework in other states at least comparable with the requirements of this Code section may be

3986

JOURNAL OF THE HOUSE

certified by the Professional Standards Commission. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of time not to exceed two years from the date of employment to obtain the prescribed training. (b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual. (b.1)(a) Universities and colleges having teacher preparation programs for grades prekindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students enrolled in teacher preparation programs in computer and other instructional technology applications and skills. (c)(b) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of inservice or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff.'
SECTION 3. Said chapter is further amended by striking Code Section 20-2-204, relating to paraprofessionals and aides, and inserting in its place a new Code Section 20-2-204 to read as follows:
'20-2-204. (a) As used in this Code section, the term:
(1) "Aide" is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs

FRIDAY, APRIL 25, 2003

3987

routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) diploma. (2) "Licensed personnel" is defined as paraprofessionals and aides. (3)(1) "Paraprofessional" is defined as a person who may have less than professionallevel certification, who relates in role and function to a professional and does a portion of the professionals job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) diploma. If assigned to positions governed by federal regulations, the paraprofessional must meet specified federal hiring requirements. (4)(2) "Permitted personnel" is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The Professional Standards Commission shall provide for the classification of all licensed certified and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a license certificate or permit for good cause after an investigation is conducted and notice and hearing is provided the license certificate or permit holder.'"
By striking line 19 of page 1 and inserting in its place the following:
"SECTION 4."

Representative Greene-Johnson of the 60th, Post 3 moved that the House agree to the Senate amendment to HB 590.

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

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

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

Y Hill, C.A Y Hill, V Y Hines
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
Noel Y Oliver, B

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

3988
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler N Campbell Y Casas Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
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
Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

On the motion, the ayes were 125, nays 15. The motion prevailed.

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

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

SB 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.

FRIDAY, APRIL 25, 2003

3989

The report of the Committee, which was favorable to the 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 E Anderson Y Ashe Y Bannister
Barnard Y Barnes
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
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N 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
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
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
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
Maddox Y Mangham E 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
Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham N 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
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 N Thompson
Twiggs Y Walker, L Y Walker, R.L
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 151, nays 7. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

3990

JOURNAL OF THE HOUSE

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.

Representative Rogers of the 20th moved that the House recede from its position in disagreeing to the Senate amendment to HB 290.

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

Y Amerson E Anderson
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 Brown Bruce 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 Cooper Y Crawford Y Cummings

Y Day Dean Deloach
Y Dix 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 N Franklin Y Gardner E Golick
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
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
Jones Y Jordan N Joyce Y Keen
Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
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
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 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
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 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

FRIDAY, APRIL 25, 2003 On the motion, the ayes were 144, nays 2. The motion was prevailed.

3991

The following Bill of the Senate was taken up for the purpose of considering the second report of the Committee of Conference thereon:

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 167

The Committee of Conference on SB 167 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 167 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ R. Lamutt Senator, 21st District

/s/ Butch Parrish Representative, 102nd District

/s/ Mitch Seabaugh Senator, 28th District

/s/ Paul E. Smith Representative, 13th District, Post 2

/s/ Tim Golden Senator, 8th District

/s/ Rob Teilhet Representative, 34th District, Post 2

3992

JOURNAL OF THE HOUSE

A BILL

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to extend the suspension of the surcharge based upon the State-wide Reserve Ratio; to amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to provide that employees of employee leasing companies and professional employer organizations shall be presumed to have voluntarily left employment without good cause if the employees do not contact the employee leasing companies and professional employer organizations for reassignment upon the completion of an assignment; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the period of January 1 through December 31, 2003 2004, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00

FRIDAY, APRIL 25, 2003

3993

percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155. The issues of part-time employment coverage and military transfer coverage will be considered in a study committee to meet in the summer of 2003."
SECTION 2. Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm, an employee leasing company, or a professional employer organization as defined in Code Section 34-7-6 will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm, employee leasing company, or professional employer organization for reassignment upon completion of an assignment; provided, further, that such failure to contact the temporary help contracting firm, employee leasing company, or professional employer organization will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact the firm such employer upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 13th, Post 2 moved that the House adopt the report of the second Committee of Conference on SB 167.

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

Y Amerson E Anderson N Ashe

Y Day Dean
Y Deloach

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

N Mobley N Moraitakis Y Morris

Y Sims N Sinkfield Y Skipper

3994

JOURNAL OF THE HOUSE

Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong
Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown
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 Crawford Y Cummings

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

N Holmes Y Houston Y Howard N Howell Y Hudson
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 N Maddox N Mangham E Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills N Mitchell

Y Mosby Mosley
Y Murphy, J Y Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
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 motion, the ayes were 130, nays 24. The motion prevailed.

Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snow N Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas, A N Thomas, A.M Y Thompson Twiggs N 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

Due to a mechanical malfunction, the vote of Representative Mosley of the 129th, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 856. By Representative Williams of the 128th: A RESOLUTION expressing sorrow at the loss of Officer Melvin Earl

FRIDAY, APRIL 25, 2003 Collins; and for other purposes.

3995

HR 916. By Representatives Smith of the 129th, Post 2, Coleman of the 118th and Mosley of the 129th, Post 1:
A RESOLUTION commending Lori Meadows; and for other purposes.

HR 917. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2 and Smith of the 87th:
A RESOLUTION commending the United States military personnel from Heard County who served in Iraq; and for other purposes.

HR 918. By Representatives Smith of the 76th, Powell of the 23rd and McCall of the 78th:
A RESOLUTION commending the United States military personnel from Madison County who served in Iraq; and for other purposes.

HR 919. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
A RESOLUTION commending the United States military personnel from Carroll County who served in Iraq; and for other purposes.

HR 920. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2 and Smith of the 87th:
A RESOLUTION commending the United States military personnel from Coweta County who served in Iraq; and for other purposes.

HR 921. By Representatives Rogers of the 15th, Hill of the 16th and Franklin of the 17th:
A RESOLUTION commending the United States military personnel from Cherokee County who served in Iraq; and for other purposes.

3996

JOURNAL OF THE HOUSE

HR 922. By Representative Mitchell of the 61st, Post 3:
A RESOLUTION recognizing Mrs. Kathy Massengale's Kindergarten Class; and for other purposes.

HR 923. By Representatives Mitchell of the 61st, Post 3, Randall of the 107th, Dean of the 49th, Sailor of the 61st, Post 1, Hill of the 81st and others:
A RESOLUTION recognizing and supporting "Take a Loved One to the Doctor Day"; and for other purposes.

HR 924. By Representatives Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Stephens of the 123rd and Bordeaux of the 125th:
A RESOLUTION commending the Savannah Arts Academy's Silver Winds Ensemble; and for other purposes.

HR 925. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION commending Frank W. Sherrill; and for other purposes.

HR 926. By Representatives Brock of the 5th, Williams of the 4th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A RESOLUTION commending the United States military personnel from Whitfield County who served in Iraq; and for other purposes.

HR 927. By Representatives Smith of the 129th, Post 2, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and Lane of the 101st:
A RESOLUTION commending and congratulating W. Don and Ida Mae Sports on 50 years of marriage; and for other purposes.

HR 928. By Representatives Smith of the 129th, Post 2, Coleman of the 118th, Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1 and Gardner of the 42nd, Post 3:

FRIDAY, APRIL 25, 2003

3997

A RESOLUTION commending and welcoming Hallie Ward Edwards on her return to Georgia; and for other purposes.

HR 929. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A RESOLUTION commending the United States military personnel from Murray County who served in Iraq; and for other purposes.

HR 930. By Representatives Smith of the 76th, McBee of the 74th and Heard of the 75th:
A RESOLUTION commending the United States military personnel from Clarke County who served in Iraq; and for other purposes.

HR 931. By Representative Graves of the 10th:
A RESOLUTION commending the United States military personnel from Gordon County who served in Iraq; and for other purposes.

HR 932. By Representatives Reece of the 11th, Childers of the 13th, Post 1 and Smith of the 13th, Post 2:
A RESOLUTION commending William Kirk Krueger, Jr.; and for other purposes.

HR 933. By Representative Ralston of the 6th:
A RESOLUTION commending the United States military personnel from Fannin County who served in Iraq; and for other purposes.

HR 934. By Representative Ralston of the 6th:
A RESOLUTION commending the United States military personnel from Lumpkin County who served in Iraq; and for other purposes.

3998

JOURNAL OF THE HOUSE

HR 935. By Representative Ralston of the 6th:
A RESOLUTION commending the United States military personnel from Gilmer County who served in Iraq; and for other purposes.

HR 936. By Representative Ralston of the 6th:
A RESOLUTION commending the United States military personnel from Pickens County who served in Iraq; and for other purposes.

HR 937. By Representative Ralston of the 6th:
A RESOLUTION commending the United States military personnel from Dawson County who served in Iraq; and for other purposes.

HR 938. By Representatives Reece of the 21st, Amerson of the 9th, Rogers of the 20th and Mills of the 67th, Post 2:
A RESOLUTION commending the United States military personnel from Hall County who served in Iraq; and for other purposes.

HR 939. By Representatives Birdsong of the 104th and Jenkins of the 93rd: A RESOLUTION commending Deloras Moon; and for other purposes.

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

Mr. Speaker:
The Senate insists on its amendments to the following bill of the House:
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

FRIDAY, APRIL 25, 2003

3999

Affairs Coordinating Council; to define a certain term; to provide for membership; and for other purposes.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following resolution of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Hall of the 22nd, and Cheeks of the 23rd.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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

4000

JOURNAL OF THE HOUSE

Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.
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 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.
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; 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:

FRIDAY, APRIL 25, 2003

4001

SR 67. By Senators Brown of the 26th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
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 Senate has adopted the report of the Committee of Conference on the following bills of the Senate:
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.
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 167. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:

4002

JOURNAL OF THE HOUSE

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.
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 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; 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

FRIDAY, APRIL 25, 2003

4003

America Vote Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted report number two of the Committee of Conference on the following bill of the Senate:
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 adopted the report of the Committee of Conference on the following resolution 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.

4004

JOURNAL OF THE HOUSE

The Senate has adopted the report of the Committee of Conference on the following bills of the House:
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.
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.
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.
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.
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

FRIDAY, APRIL 25, 2003

4005

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.
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:
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.
HB 414. By Representative Jenkins of the 93rd:
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.
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.
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.
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

4006

JOURNAL OF THE HOUSE

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.
HB 616. By Representative Parham of the 94th:
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.
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 36-23-1of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.
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.

Pursuant to HR 847, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2003

PART I PART II PART III PART IV PART V -

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
A. PHILLIP RANDOLPH ELEMENTARY SCHOOL Invite Principal Bobby Tuggle to House...............................................................HR 242
ABANDONMENT, MOTOR VEHICLES Motor vehicles abandoned on public property; removal by peace officer............HB 950 Removal and storage of commercial vehicles from private property; regulations..........................................................................................SB 121
ABBEVILLE, CITY OF; new charter ....................................................................HB 861
ABBOTT, VIRGINIA E.; commend.......................................................................HR 218
ABNEY, LEE; commend .........................................................................................HR 472
ABORTION Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ...........................................................................HR 351 Due Process and Equal Protection Restoration Act of 2003; enact ........................HB 63 Make unlawful ......................................................................................................HB 377 Minor; parental notification ..................................................................................HB 574 Parental notification; identification requirements.................................................HB 466 Senate Bill 23; urge consideration by House ........................................................HR 722 Woman's Right to Know Act; enact........................................................................HB 23 Woman's Right to Know Act; enact........................................................................HB 52 Woman's Right to Know Act; enact.........................................................................SB 23
ACCOUNTANTS; state licensing board; reduce number of members ...................HB 597
Refer to numerical index for page numbers

4012

INDEX

AD VALOREM TAX Amend certain definitions .......................................................................................HB 78 Appraise property at owner's acquisition cost CA...............................................HR 45 Assessments; periods of limitation .......................................................................HB 736 Assessment; taxpayer appeals; certain refunds......................................................SB 161 Authorize special methods; certain aircraft CA.................................................HR 323 Bona fide conservation use property; additional ownership qualifications ..........HB 641 Bona fide conservation use property; riverside or streamside land; local excise taxes; ceiling; exclusion.......................................................HB 290 Conservation use covenant; renewal period...........................................................SB 277 Constructed storm-water wetlands; preferential assessment; ad valorem tax ......HB 413 Education funding; repeal ad valorem tax; impose excise tax on motor fuel CA .......................................................................................HR 43 Exempt certain property used in generating electricity ........................................HB 565 Exempt full homestead value; senior citizens........................................................... HB 8 Exemption; farm equipment in inventory for resale .............................................HB 527 Exemption; inventory of business taxpayer ..........................................................HB 156 Exemption; recreational boats; $75,000 of assessed value...................................HB 696 Homestead exemption; equal to state levy............................................................HB 161 Homestead exemption; state-wide base year assessed value CA ........................HR 22 Homestead exemption; state-wide base year assessed value CA ........................HR 80 Homestead tax deferral; senior citizens; increase amount ....................................HB 138 Inventory of small business; exemption................................................................HB 162 Limit increase of millage rate and property value CA........................................... HR 4 Limit increase of millage rate and property value CA........................................... HR 5 Limit increase of millage rate and property value CA........................................... HR 6 Millage rate increase; require voter approval CA..............................................HR 171 Millage rate or valuation increases; limitations CA .............................................. HR 7 Millage rate or valuation increases; limitations CA .............................................. HR 8 Motor vehicles; exempt veterans organizations....................................................HB 626 Motor vehicles; return in county where functionally located ...............................HB 834 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Preferential assessment; certain storm-water wetlands.........................................HB 528 Preferential assessment; environmentally contaminated (brownfield) property........................................................................................HB 531 Property equipped with certain systems for generating electricity; exempt CA...................................................................................HR 259 Recreational boats; exempt certain amount ..........................................................HB 123 Residential real property; freeze value; ad valorem tax; assess at acquisition date value CA.................................................................................. HR 2 Residential real property; freeze value; ad valorem tax; market value at acquisition CA...................................................................................SR 311
Refer to numerical index for page numbers

INDEX

4013

Special class; antique aircraft CA ......................................................................HR 527 Tax amnesty and property tax amnesty programs; provisions..............................HB 354 Taxes, fees, service charges, assessments; installment payments;
statewide applicability ......................................................................................HB 679 Tax receivers; taxpayer statistical information; confidentiality............................HB 529
ADAMS, ANGELA; Star Student; commend..........................................................HR 245
ADAMS, JOE BARBER, JR.; condolences ...........................................................HR 157
ADAMS, L. CLIFFORD, JR.; condolences ...........................................................HR 704
ADAMS, STEWART; commend.............................................................................HR 613
ADDISON, JAMAAL; condolences........................................................................HR 600
ADJOURNMENT Adjourn 1/17/2003; reconvene 1/27/2003; remainder of session; adjourn each Friday and reconvene each Monday................................HR 31 Adjourn 2/4/2003; reconvene 2/10/2003; remainder of session; adjourn each Friday and reconvene each Monday .............................................HR 91 Adjourn 2/18/2003; reconvene 2/26/2003; remainder of session; adjourn each Friday; reconvene each Monday ..................................................SR 110 Adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/27/2003; reconvene 3/31/2003; adjourn 4/3/2003; reconvene 4/7/2003; adjourn 4/10/2003; reconvene 4/14/2003; adjourn 4/14/2003; reconvene 4/16/2003; adjourn sine die.............................................................HR 360 Adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/27/2003; reconvene 3/31/2003; adjourn 4/3/2003; reconvene 4/7/2003; adjourn 4/10/2003; reconvene 4/14/2003; adjourn 4/14/2003; reconvene 4/16/2003; adjourn sine die..............................................................SR 233 Adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/28/2003; reconvene 4/7/2003; adjourn 4/11/2003; reconvene 4/14/2003; adjourn 4/16/2003; reconvene 4/18/2003; adjourn sine die ..............................SR 242 Adjourn 4/14/2003; reconvene 4/17/2003; adjourn 4/17/2003; reconvene 4/22/2003; adjourn 4/22/2003; reconvene 4/24/2003; adjourn sine die..................................................................................................SR 441 Adjourn 4/22/2003; reconvene 4/25/2003; adjourn sine die.................................HR 847
ADMINISTRATIVE PROCEDURE Environmental policy; publication of rationale; noncompliance..........................HB 242 Environmental policy; regulatory decisions; publication requirements ................SB 172

Refer to numerical index for page numbers

4014

INDEX

ADMINISTRATIVE SERVICES, DEPARTMENT OF Bid opportunities for local governments and boards of education; advertisement.....................................................................................................SB 342 Certain bidding procedure; delete repealer ...........................................................HB 291 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Contracts; public works; prohibit certain requirement .......................................HB 1009 Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ..................................HB 456 Georgia Procurement Registry; certain bid opportunities; advertisement............HB 409 Minority business enterprises; certification procedures; amend provisions ..........SB 115 State purchasing; benefits based funding projects; certain contracts....................HB 550 State purchasing; budget emergency; Governor reduce costs ..............................HB 571 State purchasing contracts; preference for Georgia vendors ................................HB 200 Surplus state property; disposal methods; include electronic sale........................HB 133
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOPTION Adoptions and child-placing agencies; records access; birth records; practices and procedures........................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Amend provisions; name change of Office of Adoptions ....................................HB 176 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 254 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 286 Parental power, grandparent visitation, adoption; prohibition; certain conviction..............................................................................................HB 330 Prohibit the sale or offer for sale of a child by parent or guardian ........................SB 281
ADVANTAGE MARKETING; commend.............................................................HR 345
ADVERTISING Georgia Procurement Registry; certain bid opportunities ....................................HB 409 Plumbers; false advertising; amend provisions.....................................................HB 338 Public roads; erection of sign without permit; $500 fine......................................HB 705
AFRICA DAY AT THE CAPITOL Recognize 2/28/03; Honorable Joe Keshi; commend ...........................................HR 331

Refer to numerical index for page numbers

INDEX

4015

AFRICAN AMERICAN BUSINESS ENTERPRISE DAY Recognize February 18, 2003; invite certain members to House .........................HR 176
AFRICAN AMERICAN RAILROADER MONTH IN GEORGIA Recognize February, 2003 ....................................................................................HR 101
AFRICAN METHODIST EPISCOPAL CHURCH; commend ..........................HR 209
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Bona fide agricultural property; preferential assessment; additional forms CA ........................................................................................HR 21 Certain Dairy Act penalty; delete provisions..........................................................SB 14 Cigar and cigarette taxes; amend definitions ..........................................................HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize..............................HB 85 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 107 Cigar and cigarette taxes; counterfeit cigarettes; penalties...................................HB 844 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Cigarettes and tobacco products; prohibit possession by minors .........................HB 653 Commissioner; retention and use of moneys ........................................................HB 569 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Farmland Protection Act; enact.............................................................................HB 822 Fraud; failure to pay for Christmas trees, pine needles, and horticultural crops.............................................................................................HB 108 Hog farming; fuel for certain purposes; sales tax exemption ...............................HB 425 Honeybees; inspection and registration of colonies; change provisions ..............HB 293 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations...........................SB 183 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 OCGA; conform references to House and Senate committee names ...................HB 846 Peanut producers; marketing orders; required assenting votes.............................HB 174 Poultry production contracts; regulate ..................................................................HB 644 Poultry production contracts; regulate ..................................................................HB 648 Sales tax exemption; liquefied gas; horticultural purposes.....................................HB 96 School Pesticide Act; enact; regulations.............................................................HB 1042 Search and rescue dogs; authorize erection of monument honoring ....................HR 357

Refer to numerical index for page numbers

4016

INDEX

Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board.................................................................................................HB 285
State employees' health insurance; agricultural commodity commission employees.....................................................................................HB 147
State excise tax on tobacco products; fund state Medicaid program CA ..........HR 229 Timber harvesting; local regulatory authority .......................................................SB 207 Timber harvesting; regulatory authority of counties and
municipalities; limitations ................................................................................HB 244 Tobacco manufacturers; certain certifications; prohibited sales...........................HB 774 Tobacco product manufacturers; certification; prohibit sale of
certain cigarettes ...............................................................................................HB 893 Vidalia Onion Act; amend provisions...................................................................HB 798 Water resources; farm uses; water-measuring device...........................................HB 579 Water resources; ground water, surface water, river basins, wells;
state-wide water management plan...................................................................HB 237
AINSLIE, ANDREW, III; commend......................................................................HR 462
AINSLIE, CAROLYN Commend..........................................................................................................HR 549 Commend..........................................................................................................HR 658
AIR POLLUTION Environmental policy; regulatory decisions; publication requirements ................SB 172 Motor vehicle emissions fund; provide by general law CA ..............................HR 356 Motor vehicle emissions inspections; remote sensing technology; create fund ........................................................................................................HB 676 Public road funds; metropolitan planning organizations; formation ....................HB 851 Sales tax; exempt sales of certain pollution control chemicals.............................HB 141
AIRLINES AND AIRPORTS (See Aviation)
ALABAMA, STATE OF Joint development authorities; county of this state and contiguous county in Alabama; sports facility or amphitheater..........................................HB 309
ALBANY, CITY OF Dougherty County; tax commissioner; collecting school taxes............................HB 695
ALBERT SHELTON SWINDELL MEMORIAL HIGHWAY; designate ........HR 131

Refer to numerical index for page numbers

INDEX

4017

ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverage sales; consumption on premises; local authorization............HB 493 Alcoholic beverages; redefine malt beverage .......................................................HB 645 Alcoholic beverages; state excise taxes; increase .................................................HB 378 Beer; single container sales; prohibit where motor fuel is sold ............................HB 110 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools...............................................HB 447 Driving under the influence; additional penalties; victim compensation awards..........................................................................................HB 20 Driving under the influence; new offense of refusal to submit to chemical testing ...............................................................................................SB 13 Driving under the influence; refusal to submit to chemical testing; create offense .......................................................................................HB 651 Fleeing or eluding police while driving under the influence; felony....................HB 283 Furnishing alcoholic beverages to persons under 21 without seeing proper identification; rebuttable presumption ..................................................HB 716 House Study Committee on Penalties for Driving Under the Influence Offenses; create ..................................................................................HR 53 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates.........................................................................HB 428 Juvenile traffic offenses; jurisdiction; remove from juvenile court......................HB 740 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158 Motor vehicles; certain violations; life imprisonment or death ..............................HB 11 Nuisances; county and municipal abatement powers; unfit buildings..................HB 474 Tests of certain substances; lab certificates; admission as evidence ....................HB 238 Wine shipments; consumers order electronically .................................................HB 154
ALIENS Counties and municipalities; agencies assisting refugees; certain reports..........HB 1002 Drivers' licenses; redefine "resident"; amend alien provisions...............................HB 12 Education; state mandated student assessments; exempt certain international students ..........................................................................................HB 33 House Study Committee on HB 33; create ...........................................................HR 262 International Affairs Coordinating Council; create ..............................................HB 324 Professsional counselors; foreign born, English speaking; temporary licenses ............................................................................................HB 625
ALIMONY AND CHILD SUPPORT Alimony and child support; financial status of parties; verification.......................HB 21 Alimony; length of time and amount; effect of remarriage ..................................HB 749
Refer to numerical index for page numbers

4018

INDEX

Child support; amend provisions; income deduction order ..................................HB 149 Child support and custody issues; deprived child; juvenile court jurisdiction ........SB 80 Child support and driver's license applications; social security
number or certification of non-eligibility .........................................................HB 319 Drivers' licenses; application; child support; additional forms of
identification .....................................................................................................HB 139 Drivers' licenses; redefine resident; child support; forms of identification ..........HB 126 Driver's license suspension; noncompliance with child support;
reinstatement.....................................................................................................HB 872 Economic Development and Public Safety Act; enact .........................................HB 578 Juvenile court; jurisdiction; temporary child support for deprived child .............HB 655
ALLEN, BROADUS "HAROLD"; condolences...................................................HR 894
ALMA, CITY OF; council districts; reapportion ....................................................HB 973
ALPHA KAPPA ALPHA DAY AT CAPITOL Recognize February 17, 2003; invite Marjorie Young to House..........................HR 127
ALPHARETTA, CITY OF Commend ..............................................................................................................HR 897 Municipal court; amend provisions.......................................................................HB 945
ALVIN MITCHELL STREET; designate .............................................................HR 544
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN ARMED FORCES Commend; prisoners of war; certain treatment.....................................................HR 768
AMERICAN RED CROSS; commend ...................................................................HR 830
AMERSON, HONORABLE AMOS; communications ............................Pages 326, 327
AMUSEMENTS Coin operated amusement machines; amend definitions........................................HB 75 Coin operated amusement machines; uses of regulatory fees and fines CA .....HR 618

Refer to numerical index for page numbers

INDEX

4019

ANATOMICAL GIFT ACT Anatomical gifts; advisory board on procurement; add organ recipient.................HB 53 Drivers' licenses; reduced fees for organ donors; eliminate .................................HB 751
ANDERSON, AMY; commend ...............................................................................HR 459
ANIMALS Agriculture Commissioner; retention and use of moneys.....................................HB 569 Assistance dogs; interfering with, assaulting, killing; penalties ...........................HB 211 House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 Liens; treatment, board, or care of animals; change provisions ...........................HB 941 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations ......................................SB 183 OCGA; conform references to House and Senate committee names ...................HB 846 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547 Search and rescue dogs; monument honoring; authorize erection........................HR 357 Uniform rules; securing vehicle loads; live animal provisions.............................HB 460 Veterinary practice; extensively revise provisions ...............................................HB 347 Wild animal permit; exempt Bengal cat ...............................................................HB 227
ANNUITIES Individual deferred annuities; nonforfeiture rate; sunset ......................................HB 539 Insurance; individual deferred annuities; minimum nonforfeiture rate .................SB 166
ANTIOCH LITHONIA MISSIONARY BAPTIST CHURCH; commend.........HR 537
ANTIOCH MISSIONARY BAPTIST CHURCH Commend on 125th anniversary ...........................................................................HR 723
APPEAL AND ERROR Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification .............................................................................SB 119 Appeals; judgments and rulings; amend provisions .............................................HB 322 Appeals; postconviction DNA testing; procedure ................................................HB 599 Certiorari and appeals; bill of costs; amend provisions ........................................HB 864 Criminal procedure; demand for trial; service; expiration; appeal ..........................SB 45 Joint session; message from Governor; invite justices and appellate judges ..........SR 20 Juvenile proceedings; youthful offenders; amend provisions...............................HB 670 Supreme Court; answer question of law from district court .................................HB 164 Supreme Court; jurisdiction; certain questions of law CA ..................................HR 68 Torts; fees and costs of litigation; recovery ..........................................................HB 417

Refer to numerical index for page numbers

4020

INDEX

APPROPRIATIONS AND FISCAL AFFAIRS Budgetary Responsibility Oversight Committee; appointment of members ..... Page 158 Budget; eliminate continuation budget report; zero-base budgeting ....................HB 203 Budget; eliminate continuation budget report; zero-base budgeting .........................SB 8 Continuation budget reports; agencies justify programs ......................................HB 875 Fiscal Note Act; certain bills; require statement upon introduction .......................HB 10 General appropriations; FY 2003-2004 ................................................................HB 120 General appropriations; FY 2003-2004 ................................................................HB 122 General appropriations; restrict amendments increasing CA ............................HR 376 Indigent defense; state funds; change distribution criteria ...................................HB 788 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create......HR 264 General Assembly and Lieutenant Governor; temporary reduction in salary .........SB 76 Supplemental appropriation; Department of Labor ..............................................HB 647 Supplemental appropriation; Department of Labor ..............................................HB 735 Supplemental appropriations; FY 2002-2003 .......................................................HB 121 Supplemental appropriations; FY 2002-2003; Department of Corrections..........HB 119 Supplemental appropriations; FY 2002-2003 .......................................................HB 115 Treasury and Fiscal Services, Office of; revenue enhancement fund.................HB 1030
AQUARIUMS State and Local Tax Revision Act of 2003; enact...................................................HB 43
ARBITRATION Banking and finance, civil practice, state government, torts; civil actions; substantive revisions ...................................................................HB 792 Georgia Arbitration Code; applicability; home builder's warranty ....................HB 1018 2003 Fairness in Arbitration Act; enact ..................................................................HB 91
ARCHAEOLOGY Archeological, aboriginal, prehistoric, or historic sites; prohibition against disturbing; exemption.............................................................................HB 26 Conservation and natural resources; certain submerged artifacts; authorize collection...........................................................................................HB 401 Sales tax exemption; archeological exploration and preservation........................HB 223 Sales tax exemption; archeological exploration and preservation........................HB 308
ARCHITECTS; state licensing board; reduce number of members........................HB 597
ARMSTRONG, MARK CLAYTON; commend .....................................................HR 85
ARNOLD, SUSAN; commend.................................................................................HR 303

Refer to numerical index for page numbers

INDEX

4021

ARRESTS Home arrest program; qualifications; supervision; pretrial arrestees ...................HB 272 State fire marshal; law enforcement personnel and powers ..................................SB 345
ASHLEY, CORPORAL RICK; commend ............................................................HR 448
ASHURST, BRAD; commend .................................................................................HR 503
ASSOCIATED GENERAL CONTRACTORS, INC., GEORGIA BRANCH; commend .......................................................................HR 440
ASSOCIATION OF MARINE TECHNICIANS AND JOE DE MARCO; commend..............................................................................HR 289
ATHENS CHAMBER OF COMMERCE Recognize 100th anniversary; invite representatives to House ............................HR 114
ATHENS, CITY OF Athens-Clarke County; certain officers; nonpartisan elections ............................HB 922 Athens-Clarke County Industrial Development Authority; membership .............HB 323
ATHLETE AGENTS State licensing board; reduce number of members ...............................................HB 597 Uniform Athlete Agents Act; enact ......................................................................HB 194
ATHLETIC TRAINERS Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 Licensing boards; complaints against licensee; athletic trainers; licensing violations ...........................................................................................HB 352
ATKINS, HUEY; commend ....................................................................................HR 460
ATKINSON COUNTY Commissioner districts; reapportion .....................................................................HB 825 Education districts; reapportion ............................................................................HB 826
ATKINSON, KYLE; commend...............................................................................HR 468
ATLANTA ASSOCIATION OF INSURANCE PROFESSIONALS; commend ...........................................................................HR 412

Refer to numerical index for page numbers

4022

INDEX

ATLANTA BUSINESS WOMEN'S ASSOCIATION, ATLANTA PLATINUM CHAPTER; commend..............................................HR 575
ATLANTA, CITY OF Board of Education and Independent School System; change provisions.............SB 204 Independent School System; continue under control of Atlanta Board of Education ..............................................................................HB 681 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create .......HR 529 Library system; specify name; membership ..........................................................SB 231 Municipal court; change certain fees ....................................................................HB 448 Municipal court; penalties; use of funds ...............................................................HB 942 Power substation in residential neighborhood; urge Georgia Power consult with residents .......................................................................................HR 256 Secretariat of the Free Trade Area of the Americas; urge location in Atlanta .....HR 566 State court; additional penalties; use of funds ......................................................HB 943 Traffic court; additional penalties .........................................................................HB 738
ATLANTA MOTOR SPEEDWAY DAY AT CAPITOL Recognize March 6, 2003; invite representatives to House..................................HR 324
ATLANTA SYMPHONY ORCHESTRA AND CHORUS Robert Spano, music director; commend..............................................................HR 554
ATLANTIC INTRACOASTAL WATERWAY ASSOCIATION; commend...................................................................................HR 15
ATM (AUTOMATED TELLER MACHINES); amend provisions........................SB 78
ATTORNEY GENERAL Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678
ATTORNEYS Child custody; attorneys' fees and litigation expenses..........................................HB 507 Debtor and creditor; debt adjustment; amend provisions .....................................HB 369 Debtor and creditor; debt adjustment; amend provisions .....................................HB 385 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Employees' Retirement; assistant district attorneys; credit for certain previous service ....................................................................................HB 292 Frivolous Litigation Prevention Act; enact...........................................................HB 775 Pardons and paroles; notification of decision .......................................................HB 582
Refer to numerical index for page numbers

INDEX

4023

State bar applicants; submission of fingerprints to GBI and FBI for criminal records check ..................................................................................HB 90
Trial juries; state and defense; equal peremptory strikes......................................HB 299
AUCTIONEERS State licensing board; reduce number of members ...............................................HB 597
AUDITORY-VERBAL CENTER OF ATLANTA, INC.; commend ..................HR 194
AUDITS AND AUDITORS Audits and Accounts, Department of; performance audits...................................HB 159
AUGUSTA, CITY OF Richmond County and City of Augusta; commission; votes................................HB 635
AUSTELL, CITY OF; facilities authority; create....................................................SB 353
AUSTIN, MOREAN MARCUS; commend ...........................................................HR 677
AUSTRALIA AND PRIME MINISTER JOHN HOWARD Coalition efforts in Iraq; commend.......................................................................HR 573
AUTHORITIES County and municipal hospital authorities; certain financial aid; critical personnel shortages ..............................................................................HB 372 County and state ordinances; violation; increase penalty .....................................HB 226 East Central Georgia Railroad Excursion Authority; create.................................HB 497 Fair housing authorities; subpoena power to investigate complaints ...................HB 393 Gateway Regional Information Center, Inc.; Cobb County public rest stops ......HB 916 Georgia Emergency Management Agency; state government safety plans; exemptions .............................................................................................HB 632 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551 Hospital Insurance Authority Act; enact...............................................................HB 776 Hotel-motel tax; define certain authorities............................................................HB 545 Joint development authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ................................HB 309 Lake Lanier Islands Development Authority; allocation of certain funds............HB 519 Local government entities and state authorities; timely payment for goods and services ............................................................................................HB 374 Music Hall of Fame; advisory committee; Sports Hall of Fame; advisory committee..............................................................................................SB 88 Oconee River Greenway Authority; amend provisions ........................................HB 596

Refer to numerical index for page numbers

4024

INDEX

Public roads and Georgia Regional Transportation Authority; repeal allocation of funds .................................................................................HB 212
Public transportation; corporation or authority; General Assembly create CA .......................................................................................................HR 818
Roadside beautification; public rights of way; provisions....................................HB 180 State Financing and Investment Commission and Environmental
Facilities Authority; amend ..............................................................................HB 621 State Road and Tollway Authority; certain SR 400 tolls; restrict usage ..............HB 218 State Road and Tollway Authority; use of tolls......................................................HR 66 Stone Mountain Memorial Association; members; requirements ......................HB 1014 Tollways; causeway to barrier islands; exemption for certain residents ..............HB 503 Transportation department investigators; transportation funds; toll revenues.......SB 221 Violation of certain ordinances; increased jail time..............................................HB 879 War on Terrorism Local Assistance Act; enact ....................................................HB 595 War on Terrorism Local Assistance Act; enact; revenue bonds; gas facilities........SB 87
AVIATION Ad valorem tax; authorize special methods; certain aircraft CA.......................HR 323 Ad valorem tax; special class; antique aircraft CA............................................HR 527 Air ambulance services; licensure and regulation......................................................SB 7 Airports receiving state financial assistance; certain repayment ..........................HB 886 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 State capitol buildings; urge Federal Aviation Administration restrict airspace .................................................................................................HR 148 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187
AVONDALE ESTATES, CITY OF; redevelopment powers; referendum .............HB 84

B

BACON COUNTY; probate judge; nonpartisan elections ......................................HB 952
BAHAMA JOE'S; commend...................................................................................HR 342
BAIL (BONDS AND RECOGNIZANCES) Appearance bonds; judgments ............................................................................HB 1006 Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Remove court's discretion for certain persons ......................................................HB 918 Sheriffs; certain business activities; prohibit .........................................................SB 117

Refer to numerical index for page numbers

INDEX

4025

Sheriffs engaging in certain businesses; violation of oath of office .....................HB 415 Sureties and forfeitures; amend provisions.........................................................HB 1007
BAILEY, ALICIA; commend .................................................................................HR 506
BAILEY, SEAN D.; commend ................................................................................HR 870
BAIN, STEPHEN; commend...................................................................................HR 118
BAISLEY, BILL; commend ......................................................................................HR 33
BAKER, BETSY C., EXECUTIVE DIRECTOR OF THE GEORGIA COUNCIL FOR THE ARTS; commend.......................................HR 635
BAKER, CHARLES ALFRED "CHUCK"; commend........................................HR 861
BAKER COUNTY Baker and Mitchell counties; consolidated high school; expiration of contract.........................................................................................SB 381
BALDWIN COUNTY Convey property.....................................................................................................SR 121 Grant easements .....................................................................................................SR 120
BALL GROUND, CITY OF; mayor; remove term limits......................................HB 831
BANKING AND FINANCE Bad checks; damages; maximum service charge; mailing notices ........................SB 105 Check cashing businesses; licensure; change certain exemption .........................HB 680 Civil actions; substantive revisions.......................................................................HB 792 Commercial Code and motor vehicles; certain transactions between dealer and owner...............................................................................................HB 221 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ....................................SB 157 Deposit account fraud; maximum service charge; increase...................................SB 104 Fair Lending Act; amend provisions.....................................................................HB 142 Fair Lending Act; amend provisions........................................................................SB 53 Fair Lending Act; points and fees; exclude funding fees for USDVA loans .......HB 146 Fair Lending Act; repeal .......................................................................................HB 170 Fair lending; redefine points and fees; exclude certain fees ...................................HB 82 Financial institutions; comprehensive revision of provisions..................................SB 78
Refer to numerical index for page numbers

4026

INDEX

Financial institutions; disclosure of certain information; consumer's consent required................................................................................................HB 184
House Study Committee on Lending and Financial Services; create ...................HR 703 Interest and usury; commercial accounts; maximum rate.....................................HB 686 Payment card transactions; printed receipt; restrict information ..........................HB 213
BANKOFF, JOSEPH R.; Chair, Regional Arts Task Force; commend.................HR 636
BANKRUPTCY Condominiums; clarification of provisions...........................................................HB 210 Property Owners' Association Act; clarification of provisions ............................HB 208
BANKS COUNTY Certain homestead exemption; increase................................................................HB 853 Form of government; board of commissioners .....................................................HB 854
BARANCO, JUANITA POWELL; commend.......................................................HR 417
BARBERS Cosmetology and Barber's Day in Georgia; declare March 3 annually................HR 333 State licensing board; reduce number of members ...............................................HB 597
BARNES, COACH GERALD; commend ..............................................................HR 253
BARNES, HONORABLE ROY E. Recipient of 2003 profiles in Courage Award; commend ....................................HR 568
BARRON, JAMES HAROLD; commend..............................................................HR 423
BARROW COUNTY Commissioner districts; reapportionment corrections ..........................................HB 874 Education districts; reapportionment corrections .................................................HB 876
BARTOW COUNTY Board of education; vacancies ..............................................................................HB 623 Joint Cartersville-Bartow County Regional Development Authority; tax exemption...................................................................................SB 308
BATTLE, SHUREKA; commend ...........................................................................HR 471
BAUGH, MARY DOWNER; commend.................................................................HR 371
BEAM, ADDISON MACKENZIE; celebrate birth ...............................................HR 834

Refer to numerical index for page numbers

INDEX

4027

BEASLEY, FRANK; commend ..............................................................................HR 483
BEAZLEY, HELEN; commend ..............................................................................HR 524
BEER (See Alcoholic Beverages and Alcoholism)
BEERSHEBA PRESBYTERIAN CHURCH; commend......................................HR 801
BELL, HANK; commend.........................................................................................HR 467
BENEVOLENCE MISSIONARY BAPTIST CHURCH OF CUTHBERT; commend................................................................................HR 302
BENFORD, DAISY; commend ...............................................................................HR 463
BENISCHEK-CREWS, ELIZABETH; invite to House .......................................HR 267
BENNETT, GREGORY CHARLES, JR.; condolences .......................................HR 783
BENSON, EARL "BUCK", JR.; condolences........................................................HR 97
BERKMAR HIGH SCHOOL ACADEMIC DECATHLON TEAM; commend ......................................................................HR 346
BERRIEN COUNTY Magistrate court; additional magistrate.................................................................HB 600 Regional development center boundaries; ratify changes ....................................HR 266
BETTS, OFFICER CHRISTOPHER R.; condolences.........................................HR 201
BEVERAGES; ceiling on certain local excise tax; exclusion .................................HB 290
BIBB COUNTY Education districts; reapportion ............................................................................HB 704 Grant easements .....................................................................................................SR 120
BICYCLES Bicycle lanes throughout state; urge Department of Transportation create..........HR 265 Special license plates; "Share the Road" message; motorists and bicyclists.........SB 283
BINGO Fee for conducting games; increase ........................................................................HB 87
Refer to numerical index for page numbers

4028

INDEX

Games; operation by auxiliary unit of parent organization ..................................HB 772 Increase prize amounts..........................................................................................HB 134 Use of certain electronic or computer devices; provisions ...................................HB 279
BIOTERRORISM (See Terrorism)
BIRDS AND BIRD DEALERS Control of contagious diseases, chemicals, poisons, toxins; notices, and reports of suspicious illnesses; violations .....................................SB 183
BLACK, HONORABLE ELLIS; communication .............................................. Page 578
BLACKS CREEK BAPTIST CHURCH; commend.............................................HR 876
BLACKSTOCK, MS. MAVIS; compensate.............................................................HR 92
BLAIR, BRITISH PRIME MINISTER TONY; commend..................................HR 556
BLAND, LAURA; 2003 Georgia Watermelon Queen; invite to House ..................HR 135
BLIND PERSONS (See Handicapped Persons)
BLOOMINGDALE, CITY OF; corporate limits ...................................................HB 999
BLOUNT, AARON J.; condolences........................................................................HR 906
BLUE WATER TECHNOLOGY GROUP; commend.........................................HR 341
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Children of certain officers; tuition-free college; General Assembly provide by law CA..........................................................................HR 26 Children of deceased POST officers; urge free college tuition ..............................HR 23 College athletic recruitment rules; certain violations; cause of action provisions.................................................................................................HB 95 Colleges and technical schools; textbooks in electronic format ...........................HB 712 Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 Education accountability; comprehensive revision of provisions; Office of Student Achievement .........................................................................SB 248 HOPE scholarships; eligibility; amend provisions ...............................................HB 706 Medical education and physician workforce; provisions........................................HB 56 Power; subject to General Assembly and Governor CA ...................................HR 622 Sales tax exemption; athletic event tickets; University System............................HB 251 Special license plates; colleges or universities; amend provisions.......................HB 902

Refer to numerical index for page numbers

INDEX

4029

State property; restrictions on naming or renaming for public officials..................SB 73 Teachers Retirement; certain prior service in public schools; credit....................HB 345 Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342 University System employees; doing business with state; limited
exception to prohibition.....................................................................................SB 255 University System of Georgia Outstanding Scholars; commend .........................HR 442 Urge expansion of teacher education program .....................................................HR 601
BOATS Ad valorem tax exemption; recreational boats; $75,000 of assessed value..........HB 696 Ad valorem tax; recreational boats; exempt certain amount ................................HB 123 Cumberland Island; access to wilderness section; urge action to support ............HR 778 Lake Oconee; prohibit certain boats .....................................................................HB 444 Sales tax; exempt certain sales; chartered boats ...................................................HB 349 Watercraft; vessel classification; required equipment; reportable accidents.........SB 134
BOEHM, NANCY; commend .................................................................................HR 737
BONDS Bonds and recognizances; appearance bonds; judgments ..................................HB 1006 Bonds and recognizances; sureties and forfeitures; amend provisions...............HB 1007 Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Financial institutions; comprehensive revision of provisions..................................SB 78 Revenue bonds; issuance of obligations; amend provisions.................................HB 766 Revenue bonds; redefine undertaking; remove certain referendum requirement....................................................................................HB 689 State Financing and Investment Commission and Environmental Facilities Authority; amend ..............................................................................HB 621 War on Terrorism Local Assistance Act; enact; revenue bonds; gas facilities........SB 87
BOONE, MAYOR JAMES E.; commend ..............................................................HR 293
BOOZER, VAN; commend .....................................................................................HR 273
BOSLET, RYAN; condolences................................................................................HR 769
BOXING, PROFESSIONAL Athletic and Entertainment Commission; amend provisions................................HB 558
BOY SCOUT WEEK; recognize calendar week of February 8, 2003......................HR 61
BOYCE, LOUISE; commend..................................................................................HR 332

Refer to numerical index for page numbers

4030

INDEX

BP AMOCO, EXXON, AND CHEVRON Commend for certain warning signs .....................................................................HR 569
BRADLEY, DR. DAVID; commend.......................................................................HR 525 BRADLEY, GARY; commend................................................................................HR 796 BRAGG, M. W.; condolences..................................................................................HR 427 BRAMLETT, PAYTON DEWEL; commend .......................................................HR 446 BRASELTON, TOWN OF; new charter ................................................................HB 663 BREATHE GEORGIA DAY; recognize February 21, 2003 .................................HR 311 BRIDGES (See Highways, Bridges, and Ferries) BRIDGES, DR. BARNARD JACKSON; commend .............................................HR 898 BRITT CUMMING DAY IN GEORGIA; observe April 29, 2003 ......................HR 347 BRITTAIN, TAMMY SEABOLT; commend .......................................................HR 639 BRITTIAN, OCIE; commend .................................................................................HR 199 BROADNAX, DR. WALTER D.; invite to House.................................................HR 211 BROWN, JACKIE; commend.................................................................................HR 683 BROWN, JAMES LOYCE, SR.; condolences.........................................................HR 16 BROWN, JOHN ROSS; commend .........................................................................HR 729 BRYAN COUNTY 2002-2003 STAR STUDENTS
AND STAR TEACHERS; commend .................................................................HR 785 BRYAN, DAVID; commend....................................................................................HR 728 BRYE, ANNIE JOHNSON; invite to House ..........................................................HR 377 BUDGET (See Appropriations and Fiscal Affairs)

Refer to numerical index for page numbers

INDEX

4031

BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE; appointment of members........................................................ Page 158
BUFORD, CITY OF New charter ...........................................................................................................HB 967 New charter ............................................................................................................SB 260
BUFORD HIGH SCHOOL WOLVES (2002); commend ....................................HR 688
BUILDINGS AND HOUSING Fair housing authorities; subpoena power to investigate complaints ...................HB 393 Georgia Arbitration Code; applicability; home builder's warranty ....................HB 1018 House Energy Efficient Homes Study Committee; create......................................HR 64 Joint Mold Standards Study Committee; create......................................................HR 52 Manufactured homes and mobile homes; certificate of permanent location; provisions.........................................................................HB 506 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Nuisances; county and municipal abatement powers; unfit buildings..................HB 474 State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards....................HB 127
BULLOCH COUNTY; chief magistrate; nonpartisan elections.............................HB 848
BUNN, HONORABLE BARBARA; communication......................................... Page 329
BURBACH, SARAH; commend .............................................................................HR 466
BURGLARY AND ARMED ROBBERY Persons convicted of certain offenses entering certain property; criminal trespass ...............................................................................................HB 364
BURKE 3VETERANS PARKWAY Designate; honor military veterans of Burke County ............................................SR 184
BURNETT, JASON; commend...............................................................................HR 484
BURNS, HONORABLE JON State Board of Transportation; election; Twelfth Congressional District ......... Page 328
BURSI, THOMAS GEOFFREY; commend ..........................................................HR 276

Refer to numerical index for page numbers

4032

INDEX

BUSINESS ADMINISTRATION Hotels and motels; excessive room rates during special sporting events; prohibit ..................................................................................................SB 150 Payment card transactions; printed receipt; restrict information ..........................HB 213
BUSINESS AND OCCUPATION TAX Adult bookstores and entertainment outlets and explicit media outlets ...............HB 964 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Excise tax; motor vehicle rentals; amend definitions .............................................HB 70 Hotel-motel tax; amend definitions.........................................................................HB 69 Hotel-motel tax; define certain authorities............................................................HB 545 Hotel-motel tax; define certain convention and bureau authorities ....................HB 1029 Redefine gross receipts; exclude certain sales ........................................................HB 93
BUTTS, ALVIN; commend .....................................................................................HR 508
BUTTS COUNTY; board of elections and registration; create ................................SB 206
BUTTS, TERESA; commend ..................................................................................HR 509
BYRD, HONORABLE ROGER; communication; resignation from House .........Page 18
BYRD M. BRUCE INTERCHANGE; designate .....................................................SR 90
BYRNES, CHRISTOPHER MASON; commend ...................................................HR 74
C
CALHOUN, CHRISTIE; commend .......................................................................HR 739
CALHOUN COUNTY; probate judge; nonpartisan elections ................................HB 926
CALHOUN MIDDLE SCHOOL DEBATE TEAM; commend ..........................HR 770
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; applicants for judgeships; prohibitions ........................HB 160 Campaign contributions; certain judgeships; disqualification..............................HB 155 Campaign contributions; disposition and disclosure; requirements .....................HB 163 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108
Refer to numerical index for page numbers

INDEX

4033

Ethics; disposition of excess campaign contributions .............................................SB 82 Ethics; distribution of campaign contributions; ordinary and
necessary expenses ............................................................................................SB 338 Ethics in government; amend provisions..............................................................HB 771 Ethics in government; comprehensive reforms .....................................................SB 168 Ethics reforms; public officials' conduct and lobbyist disclosure;
awarding of contracts to vendors; judicial appointments..................................SB 109 Ethics; required filings; keep envelope or wrapper with report ...........................HB 278
CANCER HOPE AND REMEMBRANCE OBSERVANCE WEEKEND; recognize........................................................................................HR 824
CANDIDATES Campaign contributions; applicants for judgeships; prohibitions ........................HB 160 Campaign contributions; certain judgeships; disqualification..............................HB 155 Campaign contributions; disposition and disclosure; requirements .....................HB 163 Candidates for nonjudicial offices in nonpartisan election; provisions................HB 408 Elected officials; party affiliation; certain prohibition CA..................................HR 89 Elections; political party candidates; nominate by plurality vote...........................HB 27 Ethics; disposition of excess campaign contributions .............................................SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses ............................................................................................SB 338 Ethics in government; comprehensive reforms .....................................................SB 168 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..................................SB 109 Ethics; required filings; keep envelope or wrapper with report ...........................HB 278 Voter Choice and Election Access Reform Act of 2003; enact............................HB 355 Voter registration; declare political party; primaries; vote declared party ballot only..................................................................................................HB 28
CANTRELL, JAMES; commend ...........................................................................HR 485
CANTY, HONORABLE HENRIETTA MATHIS Condolences; invite children to House .................................................................HR 602
CARLAN, WILLIAM EDWIN; commend............................................................HR 576
CARMACK, ELLEN GILREATH; condolences .................................................HR 138
CARROLL COUNTY U. S. military personnel who served in Iraq; commend .......................................HR 919

Refer to numerical index for page numbers

4034

INDEX

CARROLL COUNTY CENTRAL HIGH SCHOOL LION PRIDE MARCHING BAND; commend............................................................HR 714
CARROLLTON HIGH SCHOOL DEBATE TEAM; commend........................HR 609
CARTER, CAPTAIN CHRIS, U. S. ARMY RANGER; commend ....................HR 759
CARTER, HONORABLE JAMES EARL "JIMMY", JR. Commend and invite to House................................................................................HR 30 Nobel Laureate; address joint session...................................................................HR 545 2002 Nobel Laureate for Peace; commend...........................................................HR 682
CARTERSVILLE, CITY OF Building Authority; create ....................................................................................HB 694 Building Authority; create .....................................................................................SB 202 Joint Cartersville-Bartow County Regional Development Authority; tax exemption ....................................................................................................SB 308
CASE, KELSEY NICHOLE; commend ................................................................HR 436
CATHOLIC CHURCH OF THE TRANSFIGURATION OF OUR LORD; commend.................................................................................HR 584
CATOOSA COUNTY Board of education; reapportion ...........................................................................HB 334 Board of elections and registration; amend provisions.........................................HB 333 Commend on 150th anniversary ...........................................................................HR 829
CEDARTOWN MIDDLE SCHOOL CHEERLEADERS; commend ................HR 612
CELANESE VILLAGE KIDS; commend .............................................................HR 586
CEMETERIES Historic preservation grants program; combat veterans' gravesites ......................SB 291
CENTRAL ELEMENTARY SCHOOL QUIZ KIDS TEAM; commend on success in the Knowledge Master Open ...........................HR 611
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIFIED CAPITAL COMPANIES Insurance premium tax credits; repeal provisions ................................................HB 549
Refer to numerical index for page numbers

INDEX

4035

CHAKRABORTY, MONISA; commend ..............................................................HR 235
CHAMBLISS, HONORABLE SAXBY; invite to House......................................HR 241
CHANNELL, ROBERT MELVIN, IV; celebrate birth ........................................HR 793
CHAPLAINS, HOUSE OF REPRESENTATIVES Anderson, Reverend Gerry ...............................................................................Page 2464 Beavers, Reverend Jackey ................................................................................Page 2593 Britt, Dr. Billy .....................................................................................................Page 577 Butcher, Reverend Carl "Butch", Jr....................................................................Page 334 Carson, Reverend Dr. Arthur, Jr. ........................................................................Page 402 Cooper, Dr. Edwin M. ........................................................................................Page 829 Daniel, Dr. F. Harry ..........................................................................................Page 2436 Davis, Reverend Gerry M...................................................................................Page 264 Dean, Reverend Johnny ......................................................................................Page 633 Dempsey, Reverend Ron ..................................................................................Page 2935 Elkins, Reverend Russ ............................................................................................Page 1 Gibson, Reverend Jimmy R. .............................................................................Page 2714 Harley-El, Bishop Delores..................................................................................Page 203 Hendrix, Reverend Terry ..................................................................................Page 2221 Hickman, Dr. Joshua Wade ..............................................................................Page 3296 Howell, Reverend Ronnie O...............................................................................Page 675 Kimbrough, Reverend Walter L. ........................................................................Page 116 Kirby, Dr. F. Hugh............................................................................................Page 1611 Kranz, Rabbi Phillip N......................................................................................Page 1254 Long, Dr. Michael H...........................................................................................Page 357 Lowery, Reverend Joseph E. ............................................................................Page 1456 Mack, Reverend I. E. ............................................................................................Page 57 Massey, Reverend Yvette ...................................................................................Page 248 McCaleb, Reverend George O., Jr....................................................................Page 1841 Morecraft, Reverend Joe, III.............................................................................Page 1527 Moss, Reverend Otis, III ....................................................................................Page 913 Purvis, Reverend Wilbur, III...............................................................................Page 135 Richardson, Reverend Wyman Lewis ................................................................Page 173 Rollins, Elder Beverly D.......................................................................................Page 66 Rowland, Reverend Dexter O.............................................................................Page 188 Samuel, Dr. Kenneth L. ....................................................................................Page 2507 Senterfitt, Reverend Trisha Lyons ......................................................................Page 232 Swilley, Bishop Jim Earl ....................................................................................Page 886 Tate, Dr. Benny.................................................................................................Page 1067 Tillman, Reverend E. C. .....................................................................................Page 306 Vestal, Reverend Philip ....................................................................................Page 1739

Refer to numerical index for page numbers

4036

INDEX

Walker, Reverend Woodrow, II..........................................................................Page 727 White, Dr. R. L., Jr. ..........................................................................................Page 1027 Williams, Reverend Dr. Rosa L............................................................................Page 97 Youngblood, Reverend Eric ...............................................................................Page 606
CHAPPELL, ROY JAMES; condolences..............................................................HR 644
CHARITIES AND CHARITABLE SOLICITATIONS Agent registration; amend provisions ...................................................................HB 472 Defense of Scouting Act; enact ..............................................................................HB 37 Special license plates; Boy Scouts of America.....................................................HB 205 Special license plates; Boy Scouts of America.....................................................HB 280 Special license plates honoring Masons; revenue provisions.............................HB 1041 Special license plates promoting charitable organizations; provisions CA.......HR 857 Teacher salary supplements; certain donations CA............................................... HR 3
CHARLES F. HATCHER HIGHWAY Designate...............................................................................................................HR 212 Designate................................................................................................................SR 229
CHASTAIN, SAMANTHA; commend ..................................................................HR 306
CHATHAM COUNTY Hospital authority; board members.....................................................................HB 1000 Reimbursement for cost of collecting school taxes .................................................SB 84 State court; additional judge ......................................................................................SB 9
CHATTAHOOCHEE COUNTY; sheriff; vacancy...............................................HB 959
CHECKS (See Banking and Finance or Financial Institutions)
CHEEKS, HONORABLE DON; communications.................................... Pages 327, 328
CHEROKEE COUNTY Grant easements .....................................................................................................SR 120 State court; technology fee ...................................................................................HB 862 U. S. military personnel who served in Iraq; commend .......................................HR 921
CHEROKEE JUDICIAL CIRCUIT; add judge ...................................................HB 269
CHEVRON, BP AMOCO, AND EXXON Commend for certain warning signs.....................................................................HR 569

Refer to numerical index for page numbers

INDEX

4037

CHILD ABUSE Aggravated child molestation; prosecution at any time .......................................HB 190 Certain sexual abuse; parent report.......................................................................HB 241 Child protective services; access to criminal history records................................SB 200 Cruelty to children in second degree; nonmerger provision.................................HB 168 Protocol; child fatality review committee; powers of panel.................................HB 479 Records; access by Office of Readiness and Department of Education ......................................................................................................SB 201
CHILD ABUSE PREVENTION DAY AT THE STATE CAPITOL Recognize February 13, 2003 ...............................................................................HR 196
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Attorneys' fees and litigation expenses.................................................................HB 507 Child support and custody issues; deprived child; juvenile court jurisdiction ........SB 80 Deprived child; temporary legal custody; provisions.............................................HB 41 Elections; campaign activities; prohibit on certain grounds...................................HB 49 Grandparents' visitation rights; amend provisions................................................HB 884 Juvenile proceedings; child placement orders; amend provisions.........................SB 236 Juvenile proceedings; deprived children; amend provisions .................................SB 148
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (Also, see Minors) Child abuse records; access by Office of Readiness and Department of Education ......................................................................................................SB 201 Child care facilities; liability insurance coverage....................................................SB 24 Child protective services; access to criminal history records................................SB 200 Children in protective custody; cost of care; reimbursement ...............................HB 489 Day-care; certain pre-kindergarten programs; licensing; exemptions..................HB 525 Day-care employees; require first aid and CPR training ......................................HB 977 Day-care facilities; licensing; liability insurance required ...................................HB 433 Defense of Scouting Act; enact ..............................................................................HB 37 Elections; campaign activities; prohibit on certain grounds...................................HB 49 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt...........................................................HR 358 Persons supervising children; criminal background checks; National Crime Information Center ................................................................................HB 316
CHILDREN'S MUSEUM OF ATLANTA; commend..........................................HR 325
CHILDS, VONTRESSA; commend .......................................................................HR 784

Refer to numerical index for page numbers

4038

INDEX

CHIROPRACTIC DAY IN GEORGIA; recognize March 25, 2003 ...................HR 539
CHIROPRACTORS State licensing board; reduce number of members...............................................HB 597
CHOPSTIX AND PHILIP CHAN; commend.......................................................HR 363
CHRISTIE, JEFF; commend..................................................................................HR 461
CIGARS AND CIGARETTES Certain local excise taxes; authorize.......................................................................HB 85 Cigarettes and tobacco products; prohibit possession by minors .........................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions ..................HB 894 Law enforcement officer; retention of weapon and badge on leaving service.....HB 158 State and Local Tax Revision Act of 2003; enact ..................................................HB 43 Taxes; amend definitions ........................................................................................HB 65 Taxes; certain local excise taxes; authorize..........................................................HB 106 Taxes; certain local excise taxes; authorize..........................................................HB 107 Taxes; counterfeit cigarettes; penalties.................................................................HB 844 Taxes; increase; loose or smokeless tobacco; impose excise tax .........................HB 379 Tobacco manufacturers; certain certifications; prohibited sales ..........................HB 774 Tobacco product manufacturers; certification; prohibit sale of certain cigarettes...............................................................................................HB 893
CIRINCIONE, DANIEL; commend ......................................................................HR 187
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Appeals; judgments and rulings; amend provisions .............................................HB 322 Civil actions; certain settlement differential; reasonable costs.............................HB 887 Civil actions; substantive revisions ......................................................................HB 792 Class actions; comprehensive revisions.................................................................SB 217 Common Sense Civil Justice Reform Act; enact...................................................SB 133 Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties....................................SB 157 Frivolous Litigation Prevention Act; enact...........................................................HB 775 Georgia Arbitration Code; applicability; home builder's warranty ....................HB 1018 Guardian ad litem; civil liability; qualified immunity..........................................HB 264 Judicial sales later rescinded; limitation of damages............................................HB 301 Municipal utility accounts; collection; statute of limitations ...............................HB 631 Sunshine in Litigation Act; enact........................................................................HB 1019 Tax executions; prohibit sale ................................................................................HB 306

Refer to numerical index for page numbers

INDEX

4039

Tax executions; prohibit sales.................................................................................HB 88 Torts; fees and costs of litigation; recovery..........................................................HB 417 Torts; structured settlement payment fights; court filings; cancellation rights .....SB 174 2003 Fairness in Arbitration Act; enact..................................................................HB 91
CLANCE, PROFESSOR PAULINE ROSE; commend .......................................HR 627
CLARENCE THOMAS TRIBUTE COMMISSION; create...............................HR 565
CLARK, DR. SPURGEON WILLIAM, JR.; condolences ..................................HR 594
CLARK, DR. THOMAS L., SR.; commend ..........................................................HR 846
CLARK, MARY; commend ....................................................................................HR 809
CLARK, SAMUEL T. (SAM); condolences ..........................................................HR 312
CLARKE COUNTY Athens-Clarke County; certain officers; nonpartisan elections ............................HB 922 Athens-Clarke County Industrial Development Authority; membership.............HB 323 Grant easement.......................................................................................................SR 120 U. S. military personnel who served in Iraq; commend .......................................HR 930
CLARKSTON HIGH SCHOOL BAND; commend .............................................HR 103
CLAY COUNTY Homestead exemption; certain residents ..............................................................HB 669 Probate judge; nonpartisan elections ....................................................................HB 781
CLAYTON COUNTY Board of education; vacancies ...............................................................................SB 374 Board of Elections and Registration; create ..........................................................SB 360 Clayton Judicial Circuit; judges; allocation of duties...........................................HB 167 Commission on Children and Youth; establish ....................................................HB 832 MARTA; certain board members; voting power..................................................HB 745
CLAYTON COUNTY 2002-2003 STAR STUDENTS AND TEACHERS; commend.......................................................................................HR 555
CLAYTON JUDICIAL CIRCUIT; judges; allocation of duties...........................HB 167

Refer to numerical index for page numbers

4040

INDEX

CLERGY DAY AT THE GEORGIA STATE CAPITOL Recognize April 8, 2003 .......................................................................................HR 679
CLERKS, SUPERIOR COURT County judicial offices; nonpartisan elections; provide by local Act.....................HB 47 Elections; superior court clerks; nonpartisan........................................................HB 729 Family violence and stalking protective order registry; standardized forms; recording procedures..............................................................................SB 123 Fees and records; extend sunset dates...................................................................HB 810 Fees and records; repeal sunset provisions...........................................................HB 811 Fines and forfeitures; certain traffic fines; pay to state treasury ..........................HB 102 Garnishment; filing costs or fees; prohibit multiple payments.............................HB 758 Nonpartisan elections of local officers; additional officers..................................HB 622 Superior Court Clerks' Retirement; death of spouse; full benefit restored...........HB 234 Superior Court Clerks' Retirement; 8 years' service; benefits ............................HB 1036 Technology and indigent defense fees and certain fines; authorize .....................HB 240
CLINCH COUNTY HIGH SCHOOL FOOTBALL TEAM Invite team and coaches to House.........................................................................HR 243
CLINICAL PERFUSIONIST LICENSURE; provisional licenses ......................HB 617
COASTAL MARSHLANDS Coastal Marshlands Protection Act; exemption; private docks; residence..............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions ..................HB 51 Coastal marshlands; protection provisions; exempt certain property...................HB 178 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271
COBB COUNTY Board of commissioners; chairperson; compensation ...........................................SB 245 Board of commissioners; compensation ...............................................................HB 909 Chief magistrate; compensation............................................................................HB 602 Cobb County-Marietta Water Authority; amend provisions ................................HB 687 Cobb Judicial Circuit; judges; supplement ...........................................................HB 698 Commissioner districts; reapportion.....................................................................HB 837 Commission on Children and Youth; re-create .....................................................SB 222 Education districts; reapportion ............................................................................HB 702 Expenditures; repeal certain referendum provision..............................................HB 646 Gateway Regional Information Center, Inc.; Cobb County public rest stops ......HB 916 Probate court clerk; compensation........................................................................HB 982 Sheriff's employees; compensation.......................................................................HB 691 State court clerk and chief deputy; compensation ................................................HB 690
Refer to numerical index for page numbers

INDEX

4041

State court judges and associate judges; compensation........................................HB 375 State court solicitor-general and assistants; compensation...................................HB 370 Superior court; deputy clerk; compensation ..........................................................SB 208 Tax commissioner; employees' compensation......................................................HB 659
COBB COUNTY DAY AT THE CAPITOL Declare February 14, 2003....................................................................................HR 154
COBB JUDICIAL CIRCUIT; judges; supplement................................................HB 698
COCHRAN, CITY OF; corporate boundaries......................................................HB 1044
CODE OF GEORGIA Conform references to House and Senate committee names................................HB 846 Corrections............................................................................................................HB 104 Elections Code; corrections ..................................................................................HB 105 Retirement and Pensions Code; corrections .........................................................HB 103
COFFEE COUNTY; convey property .....................................................................SR 121
COIN OPERATED AMUSEMENT MACHINES Amend definitions...................................................................................................HB 75 Bona fide coin operated amusement machines; regulation ..................................HB 891 House Study Committee on Coin Operated Amusement Machines; create.........HR 670 Revise provisions..................................................................................................HB 573 Uses of regulatory fees and fines CA ................................................................HR 618
COLE, PANNESHA; condolences..........................................................................HR 706
COLLEGES Athletic recruitment rules; certain violations; cause of action provisions..............HB 95 Board of Regents; power; subject to General Assembly and Governor CA .....HR 622 Board of Regents; urge expansion of teacher education program........................HR 601 Children of certain officers; tuition-free college; General Assembly provide by law CA ..........................................................................................HR 26 Children of deceased POST officers; urge free college tuition ..............................HR 23 Education accountability; comprehensive revision of provisions; Office of Student Achievement.........................................................................SB 248 Education; joint enrollment; certain private schools and home study programs .................................................................................................HB 985 Education officials; recommending certain products to students; prohibit compensation ......................................................................................HB 478

Refer to numerical index for page numbers

4042

INDEX

Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center .........................HB 494
High priority school teachers; student loan repayments.........................................HB 99 HOPE scholarships; eligibility; amend provisions ...............................................HB 706 HOPE scholarships; private colleges; certain part-time eligibility ......................HB 341 Improvement of the HOPE Scholarship Joint Study Commission; create ............SR 220 Meningococcal meningitis; vaccination or signed waiver....................................HB 199 Meningococcal meningitis; vaccinations..............................................................HB 521 Official Frontier and Southeastern Indian Interpretive Center; designate............HB 865 Sales tax exemption; athletic event tickets; University System ...........................HB 251 Sales tax exemption; certain school clothes, supplies, computer
items; limited time............................................................................................HB 204 Sales tax exemption; school clothes, supplies, computers; annually
in August ..........................................................................................................HB 228 Sales tax exemption; school supplies, clothing, computers; limited time ............HB 250 Sales tax exemption; school supplies, clothing, computers; limited time ............HB 542 Special license plates; colleges or universities; amend provisions.......................HB 902 Special U.S. flag license plate fees; certain education trust fund CA ...............HR 322 Speed detection devices; required warning signs; change size ............................HB 313 Students; vaccination against meningococcal meningitis......................................SB 266 Teachers Retirement; certain non-public school service; credit...........................HB 873 Textbooks in electronic format .............................................................................HB 712 Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342 Tuition equalization grants; private colleges and universities;
eligibility and use ..............................................................................................SB 244 University System employees; doing business with state; limited
exception to prohibition.....................................................................................SB 255 University System of Georgia Outstanding Scholars; commend .........................HR 442
COLLINS, OFFICER MELVIN EARL; condolences .........................................HR 856
COLQUITT, CITY OF; vacancies and city manager ............................................HB 419
COLQUITT COUNTY Chief magistrate; nonpartisan elections................................................................HB 998 Convey property ....................................................................................................SR 120 Probate court judge; nonpartisan nomination/election ..........................................SB 364
COLUMBIA COUNTY; coroner; compensation ...................................................HB 919
COLUMBIA COUNTY FIREBALLS; commend ................................................HR 296

Refer to numerical index for page numbers

INDEX

4043

COLUMBUS, CITY OF County-wide government; probate court judge; compensation............................HB 649 Municipal court; judge, clerk, marshal; compensation.........................................HB 265
COLWELL, DAN; commend..................................................................................HR 364
COMMERCE AND TRADE Agriculture; certain Dairy Act penalty; delete provisions......................................SB 14 Assisted living facilities; Levels I and II; provisions .........................................HB 1033 Business corporations; mergers or share exchange; notice and contents; shareholders' rights ............................................................................SB 211 Consumer reporting agencies; notification; certain inquiries...............................HB 656 Convenience stores; safety enclosure for cash register operators ........................HB 418 Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties............................................SB 157 Deposit account fraud; maximum service charge; increase ..................................SB 104 Economic Development and Public Safety Act; enact .........................................HB 578 Fair business practices; certain motor vehicle sales; spot delivery ........................HB 94 Fireworks; pyrotechnics displays; licensure and regulations ................................SB 213 Gasoline dealers; registration; amend provisions .................................................HB 111 Hotels and motels; excessive room rates during special sporting events; prohibit ..................................................................................................SB 150 Income tax credit; certain headquarters; creation of full-time jobs......................HB 492 Income tax; jobs tax credits; less developed areas; business closings in areas comprising military bases ........................................................SB 11 Motor vehicle franchises; warranty reimbursement agreements; enforcement ......................................................................................................HB 581 Payment card transactions; printed receipt; restrict information..........................HB 213 Real estate transfer tax; superior court clerk collect; exemptions for certain transfers..............................................................................................SB 97 Retail gasoline dealers; post certain warning signs ..............................................HB 388 Retail installment contracts and revolving accounts; fees....................................HB 517 Sales tax; certain carpet samples; fair market value.............................................HB 189 School systems; purchasing contracts over $5000; regulations ............................SB 294 Selling and trade practices; certain equipment and materials; retention of title ................................................................................................HB 829 Tobacco manufacturers; certain certifications; prohibited sales ..........................HB 774 Tobacco product manufacturers; certification; prohibit sale of certain cigarettes...............................................................................................HB 893 World Congress Center Overview Committee; additional members ...................HB 225
COMMERCE, CITY OF; council and school districts; reapportion .....................HB 947

Refer to numerical index for page numbers

4044

INDEX

COMMERCE COMPETITIVE CHEERLEADING TEAM; commend ...........HR 873
COMMERCIAL CODE Motor vehicles; certain transactions between dealer and owner......................HB 221
COMMISSIONS African Affairs Commission; create .....................................................................HB 937 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ...............................................................SR 35 Clarence Thomas Tribute Commission; create.....................................................HR 565 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Commission on Efficiency in State Government; create......................................HR 623 Education accountability; comprehensive revision of provisions ........................HB 515 Education flexibility and accountability; comprehensive revision of provisions .....................................................................................................HB 516 Education; Professional Standards Commission; revise provisions.....................HB 198 Elections; direct recording electronic voting systems; amend provisions............HB 427 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Employees' health insurance plan; include agricultural commodity commission employees.....................................................................................HB 101 Ethics in government; comprehensive reforms .....................................................SB 168 General Assembly; reapportionment by independent commission CA...............HR 67 Georgia Capital Punishment Study Commission; create......................................HR 546 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ............................................................................HB 551 Improvement of the HOPE Scholarship Joint Study Commission; create ............SR 220 International Affairs Coordinating Council; create ..............................................HB 324 Interstate Compact for Juveniles; enact ................................................................HB 955 Interstate cooperation; include Southern Legislative Conference ........................HB 794 Martin Luther King, Jr. Commission; create ........................................................HB 243 Martin Luther King, Jr. State Holiday Commission; create .................................HB 718 Medical education and physician workforce; provisions .......................................HB 56 Municipal charter commissions; create ................................................................HB 151 Music Hall of Fame; advisory committee; Sports Hall of Fame; advisory committee .............................................................................................SB 88 New counties; procedures for creating; County Formation Review Commission.........................................................................................HB 658 Occupational regulation legislative review; amend provisions ............................HB 628 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina ..............................................................................SR 240 State employees' health insurance; agricultural commodity commission employees.....................................................................................HB 147

Refer to numerical index for page numbers

INDEX

4045

State Flag Design Commission; create .................................................................HB 898 Uniform Athlete Agents Act; enact ......................................................................HB 194 Water resources; farm uses; water-measuring device ..........................................HB 579 Water resources; ground water, surface water, river basins, wells;
state-wide water management plan ..................................................................HB 237
COMMITTEES Advisory committee on seniors and prescription drug costs; establish................HB 935 House Community Improvement District Study Committee; create....................HR 260 House Energy Efficient Homes Study Committee; create .....................................HR 64 House Hotel-Motel Tax Study Committee; create ...............................................HR 404 House Local School District Development Impact Fees Study Committee; create.............................................................................................HR 558 House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; create ................................................................HR 760 House Sandy Springs Study Committee; create ...................................................HR 603 House Special Grants Study Committee; create .....................................................HR 48 House Study Committee on Adapted Athletics; create ........................................HR 743 House Study Committee on Coin Operated Amusement Machines; create.........HR 670 House Study Committee on Equal Pay; create .....................................................HR 319 House Study Committee on Establishing a Family Day; create.............................HR 54 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 House Study Committee on Funding for Local Victim Assistance Programs; create ...............................................................................................HR 669 House Study Committee on HB 33; create...........................................................HR 262 House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create .........................................HR 588 House Study Committee on Law Enforcement Retirement; create......................HR 238 House Study Committee on Lending and Financial Services; create...................HR 703 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create ......................................................................................HR 819 House Study Committee on Local Government Infrastructure; create ................HR 700 House Study Committee on Long-term Care Insurance; create ...........................HR 334 House Study Committee on Pari-mutuel Betting on Horse Racing; create..........HR 781 House Study Committee on Penalties for Driving Under the Influence Offenses; create ..................................................................................HR 53 House Study Committee on Sales and Use Tax Simplification; create................HR 261 House Study Committee on School Restroom Standards; create.........................HR 528 House Study Committee on Sheriffs' Powers; create ...........................................HR 226 House Study Committee on Special License Plates; create..................................HR 407 House Study Committee on Technology Education; create ...................................HR 65

Refer to numerical index for page numbers

4046

INDEX

House Study Committee on the Development and Expansion of Community Health Centers; create ..................................................................HR 680
House Study Committee on the Hearing Impaired; create ...................................HR 745 House Study Committee on Uniform High School Grading; create ......................HR 51 House Unfunded Mandates Study Committee; create..........................................HR 621 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create .....HR 264 Joint MARTA Finance Study Committee; create.................................................HR 147 Joint MARTA Finance Study Committee; create.................................................HR 397 Joint Mold Standards Study Committee; create .....................................................HR 52 Joint Study Committee on Certified Professional Midwifery; create...................HR 227 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Joint Study Committee on Legislative and Congressional
Redistricting; create..........................................................................................HR 408 Joint Study Committee on Location of Electric Transmission Lines; create ........SR 308 Joint Study Committee on Prescription Drugs for Seniors; create ..........................SR 55 Joint Study Committee on State Government Decentralization; create .................HR 24 Joint Study Committee on State Retirement Plan Options; create ........................SR 107 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create.......HR 529 Subsequent Injury Trust Fund Joint Study Committee; create.............................HR 263 Unemployment Insurance Trust Fund Joint Study Committee; create..................SR 234 World Congress Center Overview Committee; additional members ...................HB 225
COMMITTEES, STANDING Assignments........................................................................................................Page 135 Howard, Honorable Henry, committee assignment..............................................Page 18 Lucas, Honorable David; committee assignment .................................................Page 17 Maddox, Honorable George; committee assignment ...........................................Page 19 Royal, Honorable Richard; committee assignment ................................................Page 2
COMMUNICATIONS RECEIVED Amerson, Honorable Amos ...................................................................... Pages 326, 327 Black, Honorable Ellis........................................................................................Page 578 Bunn, Honorable Barbara ...................................................................................Page 329 Byrd, Honorable Roger.........................................................................................Page 18 Cheeks, Honorable Don............................................................................ Pages 327, 328 Cooper, Honorable Sharon .................................................................................Page 321 Gillis, Honorable Hugh............................................................................. Pages 323, 324 Governor .................................................................................................................Page 2 Heard, Honorable Keith............................................................................ Pages 327, 328 Hill, Honorable Cecily......................................................................................Page 1841 Hugley, Honorable Carolyn................................................................................Page 322 Lane, Honorable Bob..........................................................................................Page 829
Refer to numerical index for page numbers

INDEX

4047

Legislative Counsel....................................................................... Pages 20, 21, 133, 159 Lieutenant Governor .............................................................................................Page 22 Manning, Honorable Judy.................................................................................Page 1024 Secretary of State ..................................................................................................Page 23 Skipper, Honorable Jimmy .................................................................................Page 322 Smith, Honorable Faye ............................................................................. Pages 323, 324 Smith, Honorable Tommy ..................................................................................Page 303 Smyre, Honorable Calvin ...................................................................................Page 330 Speaker of House .................................................................. Pages 2, 17, 18, 19, 22, 158 Starr, Honorable Terrell......................................................................................Page 329 Stephens, Honorable Bill .......................................................................... Pages 326, 327 Teper, Honorable Doug ............................................................................ Pages 324, 325 Thomas, Honorable Nadine ...................................................................... Pages 324, 325 Westmoreland, Honorable Lynn................................................................... Pages 28, 60
COMMUNITIES IN SCHOOLS OF GEORGIA, INC.; commend....................HR 195
COMMUNITY AFFAIRS Community improvement district; imposition of sales tax; approval CA.........HR 814 Counties; consolidation; intergovernmental agreement and referendum .............HB 392 Graffiti; compensation to property owners; local governments establish programs .............................................................................................SB 312 House Community Improvement District Study Committee; create....................HR 260 Income tax credits; home improvements and community improvement districts .............................................................................................................HB 543 Music Hall of Fame; advisory committee; Sports Hall of Fame; advisory committee .............................................................................................SB 88 Regional development center boundaries; ratify changes ....................................HR 266 State Planning for Increased Community Access Act; enact .............................HB 1040
COMMUNITY HEALTH CENTERS DAY Invite representatives to House ........................................................................HR 111
COMMUNITY HEALTH, DEPARTMENT OF House Study Committee on the Development and Expansion of Community Health Centers; create ..................................................................HR 680 Medical education and physician workforce; provisions .......................................HB 56 Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation......................................HR 619
COMMUNITY SERVICE BOARDS Revenue maximization efforts; commend ............................................................HR 694

Refer to numerical index for page numbers

4048

INDEX

State benefit plans; include employees of critical access hospitals, federally qualified health centers, and community service boards ..................HB 638
COMPACTS Interstate Compact for Juveniles; enact ................................................................HB 955 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina ..............................................................................SR 240
COMPENSATION OF STATE OFFICIALS General Assembly members and Lieutenant Governor; temporary reduction in salary ...............................................................................................SB 76 General Assembly members; annual salaries; reduce 5 percent...........................HB 192 General Assembly members; salary; four equal monthly payments ....................HB 897 Public officials; decrease in salary........................................................................HB 568 Salaries of certain state officials; 10 percent reduction ........................................HB 222
COMPENSATION RESOLUTIONS Blackstock, Ms. Mavis; compensate.......................................................................HR 92
COMPTON, CALEB ASHER; commend .............................................................HR 277
COMPUTERS (See Digital Equipment And Computers)
CONDEMNATION PROCEDURES Special master; inverse condemnation; provisions...............................................HB 868
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; bona fide conservation use property; riverside or streamside land; local excise taxes; ceiling; exclusion ................................HB 290 Ad valorem tax; preferential assessment; certain storm-water wetlands .............HB 528 Ad valorem tax; preferential assessment; environmentally contaminated (brownfield) property .......................................................................................HB 531 Archeological, aboriginal, prehistoric, or historic sites; prohibition against disturbing; exemption ............................................................................HB 26 Bona fide conservation use property; additional ownership qualifications..........HB 641 Certain state and local construction; urge certain design and material standards.............................................................................................HR 668 Certain submerged artifacts; authorize collection ................................................HB 401 Coastal management; continuation of provisions.................................................HB 157 Coastal Marshlands Protection Act; exemption; private dock; residence ...............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions ..................HB 51 Coastal marshlands; protection provisions; exempt certain property...................HB 178
Refer to numerical index for page numbers

INDEX

4049

Constructed storm-water wetlands; preferential assessment; ad valorem tax ......HB 413 Department of Natural Resources; assign law enforcement
personnel on certain public beaches.................................................................HR 604 Employees' Retirement; certain law enforcement personnel;
amend provisions................................................................................................HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula.....HB 476 Employees' Retirement; certain public safety personnel; enhanced benefit.........HB 548 Environmentally sound new housing; construction requirements;
certification.......................................................................................................HB 410 Environmental policy; publication of rationale; noncompliance .........................HB 242 Environmental policy; regulatory decisions; publication requirements ................SB 172 Greenspace Trust Fund; interest; expenditure provisions ....................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions.................SB 247 Health; sewage management systems; soil reports; soil classifiers
and other professionals......................................................................................SB 129 Historic preservation grants program; combat veterans' gravesites ......................SB 291 Income tax credits; low or zero emission vehicles; electric chargers...................HB 535 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Lake Lanier Islands Development Authority; allocation of certain funds ...........HB 519 Landfill sites; used for certain construction; required tests ..................................HB 495 Local government; transfer of development rights; amend provisions ...................SB 86 Motor vehicle emissions fund; provide by general law CA ..............................HR 356 Motor vehicle emissions inspections; remote sensing technology;
create fund ........................................................................................................HB 676 Municipal landfill; distance requirement from residence.....................................HB 496 Music Hall of Fame; advisory committee; Sports Hall of Fame;
advisory committee .............................................................................................SB 88 OCGA; conform references to House and Senate committee names ...................HB 846 Oconee River Greenway Authority; amend provisions........................................HB 596 On-site sewage management systems; Department of Human
Resources adopt statewide regulations.............................................................HB 992 Private waste-water treatment facilities; permits for approval .............................HB 511 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Sales tax exemption; archeological exploration and preservation........................HB 223 Sales tax exemption; archeological exploration and preservation........................HB 308 Sales tax; exempt sales of certain pollution control chemicals ............................HB 141 Septic tank waste; counties provide for disposal..................................................HB 951 Sewage holding tanks; commercial waste; regulation..........................................HB 487 Soil erosion and sedimentation; amend provisions; Stakeholder
Advisory Board ................................................................................................HB 285 Soil erosion and sedimentation; ordinances related to land-disturbing
activities; planning and zoning commission ...................................................HB 509 Solid waste facilities; permit modification provisions .........................................HB 882

Refer to numerical index for page numbers

4050

INDEX

State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards ...................HB 127
State licensing boards; reduce number of members .............................................HB 597 Stone Mountain Memorial Association; members; requirements ......................HB 1014 Timber harvesting operations; local regulation; limititations...............................HB 724 Timber harvesting operations; local regulation; limit effect ................................HB 672 Timber harvesting operations; local regulatory authority .....................................SB 207 Timber harvesting; regulatory authority of counties and
municipalities; limitations ................................................................................HB 244 Used tires; counties and municipalities enforce ordinances
regulating storage ..............................................................................................SB 348 Water reservoirs; locally funded; state take-over; compensation..........................SB 246 Water resources; farm uses; water-measuring device ..........................................HB 579 Water resources; ground water, surface water, river basins, wells;
state-wide water management plan ..................................................................HB 237 Waters unsafe for recreation; EPD director order warning signs .........................HB 881 Water well contractors; licensing; amend provisions...........................................HB 304
CONSTITUTIONAL AMENDMENTS Ad valorem tax; appraise property at owner's acquisition cost ..............................HR 45 Ad valorem tax; authorize special methods; certain aircraft ................................HR 323 Ad valorem tax; limit increase of millage rate and property value .......................... HR 4 Ad valorem tax; limit increase of millage rate and property value .......................... HR 5 Ad valorem tax; limit increase of millage rate and property value .......................... HR 6 Ad valorem tax; millage rate increase; require voter approval.............................HR 171 Ad valorem tax; millage rate or valuation increases; limitations ............................. HR 7 Ad valorem tax; millage rate or valuation increases; limitations ............................. HR 8 Ad valorem tax; property equipped with certain systems for generating electricity; exempt ..........................................................................HR 259 Ad valorem tax; special class; antique aircraft .....................................................HR 527 Board of Regents; power; subject to General Assembly and Governor...............HR 622 Bona fide agricultural property; preferential assessment; additional forms..................................................................................................HR 21 Children of certain officers; tuition-free college; General Assembly provide by law ....................................................................................................HR 26 Coin operated amusement machines; uses of regulatory fees and fines...............HR 618 Community improvement district; imposition of sales tax; approval ..................HR 814 Counties; increase maximum to 160.....................................................................HR 349 County officers; include certain coroners.............................................................HR 562 Development impact fees for educational purposes; local boards collect............HR 350 Driver education fund; create; General Assembly provide by law ......................HR 699 Education funding; repeal ad valorem tax; impose excise tax on motor fuel ......................................................................................................HR 43

Refer to numerical index for page numbers

INDEX

4051

Elected officials; party affiliation; certain prohibition ...........................................HR 89 Elected officials; prohibit party affiliation change; exception .............................HR 355 Faith-based services to people in need; public money to fund..................................SR 1 General appropriations; restrict amendments increasing......................................HR 376 General Assembly, Lt. Governor, House Speaker; term limits ............................HR 354 General Assembly; reapportionment by independent commission ........................HR 67 Georgia War Veterans Nursing Home Trust Fund; create; special plates............HR 614 Homeowner tax relief grants; alternative uses......................................................HR 258 Homestead exemption; state-wide base year assessed value..................................HR 22 Homestead exemption; state-wide base year assessed value..................................HR 80 Initiative petition; power to enact and repeal statutes ..........................................HR 405 Intellectually disabled health and fitness program; special plates........................HR 225 Local school boards and superintendents; method of selection
provided by law ................................................................................................HR 130 Motor vehicle emissions fund; provide by general law........................................HR 356 Pari-mutuel wagering; General Assembly provide by law...................................HR 547 Property in industrial area; owner voluntarily remove .........................................HR 144 Public initiative referendums; provisions ...............................................................HR 44 Public transportation; corporation or authority; General Assembly create ..........HR 818 Residential real property; freeze value; ad valorem tax; assess
at acquisition date value ....................................................................................... HR 2 Residential real property; freeze value; ad valorem tax; market
value at acquisition............................................................................................SR 311 Sales tax on certain food and beverages; allocate to homeowner's
incentive adjustment.........................................................................................HR 108 Special license plates; community greenspace preservation trust fund................HR 587 Special license plates promoting charitable organizations; provisions ................HR 857 Special U.S. flag license plate fees; certain education trust fund.........................HR 322 State excise tax on tobacco products; fund state Medicaid program....................HR 229 State flag; change design .......................................................................................... HR 1 Supreme Court; jurisdiction; certain questions of law ...........................................HR 68 Teacher salary supplements; certain donations ........................................................ HR 3 Tobacco tax proceeds; uses; Medical Trust Fund.................................................HR 780
CONSTITUTIONAL AMENDMENTS, LOCAL Fulton County; certain recreational programs; repeal constitutional amendment authorizing .....................................................................................SB 197 Perry Industrial Building Authority; repeal constitutional amendment creating .........................................................................................HB 960
CONSUMER AFFAIRS Assisted living facilities; Levels I and II; provisions .........................................HB 1033 Check cashing businesses; licensure; change certain exemption .........................HB 680

Refer to numerical index for page numbers

4052

INDEX

Child passenger restraining systems; amend provisions ......................................HB 371 Consumer Choice of Benefits Health Insurance Plan Act; enact .........................HB 806 Consumer reporting agencies; notification; certain inquiries...............................HB 656 Convenience stores; safety enclosure for cash register operators ........................HB 418 Cosmetic dental coverings; urge removal of unlicensed providers ......................HR 228 Debtor and creditor; debt adjustment; amend provisions .....................................HB 385 Enterprise zones; business enterprises; residential rental
property; inspection and investigation .............................................................HB 748 Fair business practices; certain motor vehicle sales; spot delivery ........................HB 94 Financial institutions; disclosure of certain information; consumer's
consent required ...............................................................................................HB 184 Health insurance identification cards; prohibit showing social
security number ................................................................................................HB 721 Independence Plus Act; enact ...............................................................................HB 701 Insurance underwriting or rating; credit and credit scoring; provisions...............HB 215 Landlord and tenant; tenant's goods; landlord's responsibility.............................HB 762 Patient Safe Prescription Drug Act; electronic prescription drug orders ..............SB 179 Payment card transactions; printed receipt; restrict information..........................HB 213 Real estate appraisers, brokers, and salespersons; amend provisions;
community association managers.....................................................................HB 177 Retail gasoline dealers; post certain warning signs ..............................................HB 388 Retail installment contracts and revolving accounts; fees....................................HB 517 Sales tax exemption; sales of certain energy efficient appliances........................HB 361 Spending Account and Consumer Driven Health Plan
Advancement Act; enact ...................................................................................SB 329 Tattooing near the eye; prohibition; expand exception ........................................HB 183 Wine shipments; consumers order electronically .................................................HB 154
CONTRACTORS (CONSTRUCTION) Certain state and local construction; urge certain design and material standards.............................................................................................HR 668 Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems....................................................................HB 327 Environmentally sound new housing; construction requirements; certification.......................................................................................................HB 410 Iraq; postwar rebuilding; urge president and Congress include African Americans ...........................................................................................HR 744 Plumbers; false advertising; amend provisions ....................................................HB 338 Residential and General Contractors, State Licensing Board; create .................HB 1003 Residential Contractors, State Licensing Board; create .......................................HB 109 Roofing contractors; regulation ..........................................................................HB 1037 Sales tax; temporary change in rate ......................................................................HB 541 Sales tax; temporary rate change ..........................................................................HB 520

Refer to numerical index for page numbers

INDEX

4053

Selling and trade practices; certain equipment and materials; retention of title ................................................................................................HB 829
Special purpose local option sales tax; levy and debt provisions; referendum ....HB 883 State and nonprofit contractors; legislative oversight panels .................................HB 98
CONTRACTS Bad checks; damages; maximum service charge; mailing notices........................SB 105 Cigarette dealers and manufacturers; prohibitions ...............................................HB 485 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..................................SB 109 Poultry production contracts; regulate..................................................................HB 644 Poultry production contracts; regulate..................................................................HB 648 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Transportation Department; unsolicited proposals; use of state funds in mass transportation projects ................................................................SB 257
CONTROLLED SUBSTANCES Attempt or conspiracy to commit offense; sentence.............................................HB 605 Bulletproof vest; unlawful during commission of certain offenses......................HB 173 Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders.....................................HB 261 Drivers' licenses; suspension; minors; controlled substance violation...............HB 1023 Driving under the influence; refusal to submit to chemical testing.........................SB 13 Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties...............................SB 205 Marijuana; reduce quantity for trafficking prosecution........................................HB 196 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Optometrists; certain medications for the eye; authority to prescribe................HB 1039 Persons convicted of certain offenses entering certain property; criminal trespass ...............................................................................................HB 364 Psychologists; authority to prescribe drugs; create psychopharmacological formulary ...................................................................HB 717 Substance Abuse and Crime Prevention Act; enact .............................................HB 603 Tests of certain substances; lab certificates; admission as evidence ....................HB 238
CONVEYANCES OF PROPERTY (See Public Property)
COODY, CAMERON; commend ...........................................................................HR 481
COOPER, HONORABLE SHARON Communication; Republican Caucus; election of members...............................Page 321
COOPER, HOWARD; commend .............................................................................HR 46

Refer to numerical index for page numbers

4054

INDEX

CORBETT, CHRIS; commend...............................................................................HR 732
CORDELE-CRISP COUNTY FISH FRY; invite cooking team to House ..........HR 150
CORINTH FREE WILL BAPTIST CHURCH; commend .................................HR 292
CORONERS Certain deaths; persons in compensated care; notify coroner ..............................HB 357 County judicial offices; nonpartisan elections; provide by local Act.....................HB 47 County officers; include certain coroners CA ...................................................HR 562 Death investigations; regional medical examiner; redefine...................................SB 214
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business corporations; mergers or share exchange; notice and contents; shareholders' rights ............................................................................SB 211 Corporations; reservation of names and filing fees; change provisions................SB 132 Employment security; exclude services by certain corporate officers ...................HB 16 Ethics in government; comprehensive reforms .....................................................SB 168 Income tax; corporations; allocation and apportionment formulas ......................HB 559 Income tax; taxable net income; exclude capital gains ............................................ HB 4 Life insurance on employee; procedures for employer purchase; written consent of insured .................................................................................SB 156 Occupation taxes; redefine gross receipts; exclude certain sales ...........................HB 93 Real estate transfer tax; superior court clerk collect; exemptions for certain transfers ...................................................................................................SB 97
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETIC DENTAL COVERINGS; urge removal of unlicensed providers ....HR 228
COSMETOLOGISTS Cosmetology and Barber's Day in Georgia; declare March 3 annually ...............HR 333 Cosmetology; persons authorized to study; lower age from 17 to 16 ................HB 1024 State licensing board; reduce number of members...............................................HB 597
COTHREN, KELVIN LYNN; commend...............................................................HR 411
COULTER, CHARLES MICHAEL "MIKE"; condolences...............................HR 882
COUNTIES (Also, see Local Government or Named County) Ad valorem tax assessments; periods of limitation ..............................................HB 736

Refer to numerical index for page numbers

INDEX

4055

Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability ....................................................................HB 679
Ad valorem tax millage rate increase; require voter approval CA ....................HR 171 Ad valorem tax; motor vehicles; return in county where functionally located ....HB 834 Alcoholic beverage sales; consumption on premises; local authorization ...........HB 493 Annexation; effective date; declaratory judgment provisions ............................HB 1031 Annexation; 60 percent method; best interest determination .............................HB 1032 Annexation; unincorporated islands; objections...................................................HB 601 Bid opportunities for local governments and boards of education;
advertisement.....................................................................................................SB 342 Candidates for nonjudicial offices in nonpartisan election; provisions................HB 408 Certain counties; certain limitation on annexation; repeal ...................................HB 906 Certain deaths; persons in compensated care; notify coroner ..............................HB 357 Certain state and local construction; urge certain design and
material standards.............................................................................................HR 668 Child abuse protocol; child fatality review committee; powers of panel .............HB 479 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 107 Cigars and cigarettes; certain local excise taxes; authorize....................................HB 85 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Community improvement district; imposition of sales tax; approval CA.........HR 814 Correctional institutions; housing certain inmates; reimbursement .....................HB 614 Correctional institutions; inmate accounts; certain deductions ............................HB 968 Corrections and pardons and paroles; reimbursement to counties for
housing inmates ................................................................................................HB 420 Counties and municipalities; agencies assisting refugees; certain reports .........HB 1002 Counties and municipalities; certain building permits; notice to local
boards of education and Department of Transportation...................................HB 432 Counties; consolidation; intergovernmental agreement and referendum .............HB 392 Counties; increase maximum to 160 CA ...........................................................HR 349 County and municipal hospital authorities; certain financial aid;
critical personnel shortages ..............................................................................HB 372 County and state ordinances; violation; increase penalty.....................................HB 226 County appointed school superintendents; early termination; provisions............HB 435 County correctional institutions; housing of state prisoners; payment.................HB 143 County jail inmates; earned time allowances .......................................................HB 239 County judicial offices; nonpartisan elections; provide by local Act.....................HB 47 County law libraries; board of trustees; DA membership; use of
collected funds.....................................................................................................SB 83 County officers; include certain coroners CA ...................................................HR 562 Deferred compensation plans; contributions from employers and employees......SB 155 Dentistry; dental coverings; practicing without a license; authorize arrest..........HB 430
Refer to numerical index for page numbers

4056

INDEX

Development impact fees for educational purposes; local boards collect CA......................................................................................................HR 350
Driver education; local boards offer as elective; funding.....................................HB 281 Drivers' licenses; court conviction reports; transmittal fees ..................................SB 229 Education; deaf students; certification of interpreters ..........................................HB 295 Education; division of school board mediation; provisions .................................HB 407 Education; division of school board mediation; provisions .................................HB 459 Education officials; recommending certain products to students;
prohibit compensation ......................................................................................HB 478 Education; sales to county school board by member; exception
to prohibition ......................................................................................................HB 79 Elected officials; prohibit party affiliation change; exception CA....................HR 355 Elections; direct recording electronic voting systems; amend provisions............HB 427 Elections; on-site absentee voting; provisions......................................................HB 752 Elections; qualifying fees; certain county officials; calculation............................SB 153 Election superintendent; office to remain open until ballots are counted ............HB 114 Election superintendents and election board members; commend.........................HR 86 Electric personal assistive mobility devices; mopeds; definitions
and regulations ....................................................................................................SB 37 Electronic textbooks; make available to local boards, schools, and students.......HB 363 Employees' Retirement; certain members; credit for qualified prior service .......HB 439 Employees' Retirement; tax officials' employees; membership ...........................HB 382 Fair housing authorities; subpoena power to investigate complaints ...................HB 393 Family and children services; county director; serve in multiple counties ..........HB 866 Fines and forfeitures; certain traffic fines; pay to state treasury ..........................HB 102 Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation.......HB 708 Georgia Procurement Registry; certain bid opportunities; advertisement............HB 409 Grand juries; certain judges draw from electronic jury box .................................HB 580 Greenspace Trust Fund; interest; expenditure provisions ....................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions.................SB 247 Health; sewage management systems; soil reports; soil classifiers
and other professionals......................................................................................SB 129 Homeowner tax relief grants; alternative uses CA ............................................HR 258 Homestead exemption; state-wide base year assessed value CA ........................HR 22 Homestead exemption; state-wide base year assessed value CA ........................HR 80 Homestead option sales tax; referendum; disbursement of proceeds...................HB 522 Hotel-motel tax; define certain authorities ...........................................................HB 545 Hotel-motel tax; define certain convention and bureau authorities....................HB 1029 House Community Improvement District Study Committee; create....................HR 260 House Local School District Development Impact Fees Study
Committee; create.............................................................................................HR 558 House Study Committee on Franchise Fees and the Use of Public
Rights of Way; create .......................................................................................HR 530

Refer to numerical index for page numbers

INDEX

4057

House Study Committee on Funding for Local Victim Assistance Programs; create ...............................................................................................HR 669
House Study Committee on Local Government Infrastructure; create ................HR 700 House Unfunded Mandates Study Committee; create..........................................HR 621 Income tax credits; certain businesses; border counties .......................................HB 325 Income tax credits; certain businesses; less developed areas ...............................HB 298 Income tax credits; certain counties; telecommunications ...................................HB 984 Income tax credits; certain headquarters; creation of full-time jobs ....................HB 492 Income tax credits; home improvements and community
improvement districts .......................................................................................HB 543 Income tax; jobs tax credits; less developed areas; business closings
in areas comprising military bases ......................................................................SB 11 Intangible tax; payment; recording of instruments...............................................HB 513 Jails; certain counties; full-time dispatcher serve as jailer ...................................HB 820 Joint county and municipal sales tax; rate for consolidated governments ...........HB 207 Joint county and municipal sales tax; 2% levy by consolidated governments.......HB 92 Joint county and municipal sales tax; 2% levy by consolidated governments.....HB 249 Joint county and municipal sales tax; 2% levy by consolidated governments.....HB 287 Joint development authorities; county of this state and contiguous county
of adjoining state; sports facility or amphitheater............................................HB 309 Judicial Retirement; certain local membership; transfer; service credit...............HB 923 Judicial Retirement; certain prior county service; credit......................................HB 933 Local boards of education; certain benefits; authorize funds ...............................HB 328 Local boards of education; establish start date of school year .............................HB 930 Local code enforcement; repeat violations; amend provisions.............................HB 714 Local government budgets and audits; grant certification; amend provisions .....HB 561 Local government entities and state authorities; timely payment for
goods and services............................................................................................HB 374 Local governments; financial transactions; annual audits ....................................HB 666 Local government; transfer of development rights; amend provisions ...................SB 86 Local option sales tax; additional county 1% levy; authorization........................HB 297 Local sales taxes; limitation; certain exclusions...................................................HB 709 Local school boards and superintendents; method of selection
provided by law CA ......................................................................................HR 130 Medical education and physician workforce; provisions .......................................HB 56 Motor vehicle emissions inspections; remote sensing technology;
create fund ........................................................................................................HB 676 Motor vehicles; radio and other sound-making devices; limits on
sound volume ...................................................................................................HB 302 Municipal charter commissions; create ................................................................HB 151 Municipal charter commissions; create; provisions ................................................SB 43 New counties; procedures for creating; County Formation
Review Commission.........................................................................................HB 658

Refer to numerical index for page numbers

4058

INDEX

New municipality; creation; minimum distance; sales tax distribution ...............HB 315 Nonpartisan elections of local officers; additional officers..................................HB 622 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Nuisances; county and municipal abatement powers; unfit buildings .................HB 474 Pardons and paroles; notification of decision.......................................................HB 582 Peace officer training costs; reimbursement; change of employment ...................SB 215 Perpetrators of felonies; local government rewards; remove limitation...............HB 359 Private prisons; regulation; provisions .................................................................HB 742 Private waste-water treatment facilities; permits for approval .............................HB 511 Property in industrial area; owner voluntarily remove CA ...............................HR 144 Public officers; appointed or elected; financial disclosure provisions ...................HB 62 Public-Private Infrastructure Act of 2003; enact ..................................................SB 273 Public road funds; metropolitan planning organizations; formation ....................HB 851 Regional development center boundaries; ratify changes ....................................HR 266 Revenue bonds; redefine undertaking; remove certain
referendum requirement ...................................................................................HB 689 Rock quarries; licensing and regulation by local governments ............................HB 895 Sales tax; educational purposes; local boards; performance audit .......................HB 346 Sandy Springs, City of; incorporate......................................................................HB 150 School councils; amend provisions; State of the School presentation .................HB 390 School Pesticide Act; enact; regulations.............................................................HB 1042 School Restroom Standards Act; enact.................................................................HB 336 Schools; local boards; adopt truancy policy .........................................................HB 900 School systems; purchasing contracts over $5000; regulations ............................SB 294 Septic tank waste; counties provide for disposal..................................................HB 951 Service delivery strategy; certain franchise fees; offset certain costs ..................HB 262 Sheriffs; certain business activities; prohibit .........................................................SB 117 Sheriffs; change qualifications..............................................................................HB 612 Sheriffs engaging in certain businesses; violation of oath of office.....................HB 415 Sheriffs; nonpartisan elections.................................................................................SB 26 Sheriff's services; increase certain fees.................................................................HB 824 Soil erosion and sedimentation; ordinances related to land-disturbing
activities; planning and zoning commission ....................................................HB 509 Special county 1% sales tax; amend provisions ...................................................HB 572 Special county 1% sales tax; proceeds; authorize additional uses .......................HB 135 Special purpose local option sales tax; levy and debt provisions; referendum ....HB 883 Speed detection device; certain 30-day limitation; work zone
speeding violations ...........................................................................................HB 329 Speed detection devices; required warning signs; change size ............................HB 313 State and county penal institutions; certain inmate labor; authorize ....................HB 398 State buildings; comply with Leadership in Energy and Environmental
Design Green Building Rating System standards ............................................HB 127 State employees; certain office holders; use of annual and personal leave..........HB 348

Refer to numerical index for page numbers

INDEX

4059

State, local governments, local boards of education; timely payment of goods and services .......................................................................................HB 725
State Planning for Increased Community Access Act; enact .............................HB 1040 Student codes of conduct; violation; certain disciplinary action ..........................HB 132 Students in transit; certain conditions; not to be counted tardy or absent ............HB 434 Tax receivers; taxpayer statistical information; confidentiality ...........................HB 529 Teachers and employees; nonrenewal of contract; local boards adopt policy .....HB 362 Timber harvesting operations; local regulation; limitations.................................HB 724 Timber harvesting operations; local regulation; limit effect ................................HB 672 Timber harvesting operations; local regulatory authority .....................................SB 207 Timber harvesting; regulatory authority of counties and municipalities;
limitations .........................................................................................................HB 244 Used tires; counties and municipalities enforce ordinances regulating
storage................................................................................................................SB 348 Violation of certain ordinances; increased jail time .............................................HB 879 Virtual charter schools; provisions ........................................................................SB 203 War on Terrorism Local Assistance Act; enact ....................................................HB 595 War on Terrorism Local Assistance Act; enact; revenue
bonds; gas facilities .............................................................................................SB 87 Water reservoirs; locally funded; state take-over; compensation..........................SB 246 Zoning procedures; time when action may not be taken ......................................HB 510
COUNTY BOARDS OF HEALTH Baby's Right to Know Act; enact............................................................................HB 18 Employees' Retirement; certain members; credit for qualified prior service .......HB 439 Health; sewage management systems; soil reports; soil classifiers and other professionals......................................................................................SB 129
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortion; minor; parental notification..................................................................HB 574 Abortion; parental notification; identification requirements ................................HB 466 Adoptions and child-placing agencies; records access; birth records; practices and procedures........................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Adoptions; name change of office; amend provisions .........................................HB 176 Adult entertainment; licensing; urge DeKalb County enforce existing laws .......HR 820 Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification .............................................................................SB 119 Appeals; judgments and rulings; amend provisions .............................................HB 322 Banking and finance, civil practice, state government, torts; civil actions; substantive revisions ...........................................................................HB 792 Bonds and recognizances; remove court's discretion for certain persons ............HB 918 Certain clerks; continuing education ....................................................................HB 995

Refer to numerical index for page numbers

4060

INDEX

Certiorari and appeals; bill of costs; amend provisions........................................HB 864 Cherokee Judicial Circuit; add judge....................................................................HB 269 Child support and custody issues; deprived child; juvenile court jurisdiction ........SB 80 Civil filings and criminal fines; additional charges; repeal certain charges.........HB 869 Civil practice; class actions; comprehensive revisions..........................................SB 217 Clayton Judicial Circuit; judges; allocation of duties...........................................HB 167 County and state ordinances; violation; increase penalty.....................................HB 226 Criminal procedure; concurrent grand juries, pretrial motions, discovery,
witnesses, demands for trial, continuance, bail, and oral reports.....................HB 414 Criminal procedure; demand for trial; service; expiration; appeal..........................SB 45 Deprived child; temporary legal custody; provisions.............................................HB 41 District attorneys emeritus; compensation; increase ..............................................HB 55 Domestic relations; temporary protective orders; duration ..................................HB 722 Domestic violence; protection of victims; protective orders.................................SB 293 Drivers' licenses; court conviction reports; transmittal fees ..................................SB 229 Driving under the influence; additional penalties; victim
compensation awards .........................................................................................HB 20 Elections; superior court clerks; nonpartisan........................................................HB 729 Employees' Retirement; certain court administrators; certain service credit .......HB 838 Family violence battery; define conviction ..........................................................HB 720 Family violence; mutual protective orders; revise prohibition.............................HB 799 Fines and forfeitures; certain traffic fines; pay to state treasury ..........................HB 102 Frivolous Litigation Prevention Act; enact...........................................................HB 775 Garnishment; filing costs or fees; prohibit multiple payments.............................HB 758 Grand juries; certain judges draw from electronic jury box .................................HB 580 Guardian ad litem; liability for damages; immunity................................................SB 44 Guardian and ward; comprehensive rewrite of provisions ...................................HB 229 Gwinnett Judicial Circuit; add judge ....................................................................HB 282 Income tax refund; setoff debt; probation fees and restitution orders ..................HB 677 Indigent Defense Act; enact; circuit public defenders..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental
health advocacy ................................................................................................HB 770 Indigent Defense Act of 2003; enact; multicounty capital defender;
circuit public defender.......................................................................................SB 102 Judicial vacancies; appointment by governor; prohibition; exemption................HB 675 Juvenile court judges; compensation from state funds; adjustment .....................HB 502 Juvenile court jurisdiction; temporary child support for deprived child ..............HB 655 Juvenile court jurisdiction; temporary child support order...................................HB 273 Juvenile proceedings; child placement orders; amend provisions.........................SB 236 Juvenile proceedings; deprived children; amend provisions .................................SB 148 Juvenile proceedings; discovery and disclosure provisions ..................................SB 116 Juvenile proceedings; discovery and inspection; regulate....................................HB 172 Juvenile proceedings; disposition and evidence against child in civil action..........SB 48

Refer to numerical index for page numbers

INDEX

4061

Juvenile proceedings; redefine child ....................................................................HB 905 Juvenile proceedings; redefine child; include status offender..............................HB 470 Juvenile proceedings; sibling group placement and visitation;
amend provisions............................................................................................HB 1025 Juvenile proceedings; youthful offenders; amend provisions ..............................HB 670 Juvenile traffic offenses; jurisdiction; remove from juvenile court .....................HB 740 Magistrates and chief magistrate; nonpartisan elections ......................................HB 639 Municipal courts; pretrial intervention and diversion programs ..........................HB 821 Parental power, grandparent visitation, adoption; prohibition;
certain conviction .............................................................................................HB 330 Peace Officer and Prosecutor Training Fund; receipts and
appropriations; accounting provisions ................................................................SB 46 Sexual offenses; pimping; change provisions.......................................................HB 438 Sheriffs; certain business activities; prohibit .........................................................SB 117 Sheriffs; change qualifications..............................................................................HB 612 Sheriffs engaging in certain businesses; violation of oath of office.....................HB 415 Sheriffs; nonpartisan elections.................................................................................SB 26 Sheriff's services; increase certain fees.................................................................HB 824 Special grand juries; certain counties and consolidated governments; amend.....HB 994 State bar applicants; submission of fingerprints to GBI and FBI for
criminal records check........................................................................................HB 90 Sunshine in Litigation Act; enact........................................................................HB 1019 Superior court clerks; fees and records; extend sunset dates................................HB 810 Superior court clerks; fees and records; repeal sunset provisions ........................HB 811 Superior court fees; interpreters; temporary protective order hearings ................HB 255 Supreme Court; answer question of law from district court.................................HB 164 Supreme Court; jurisdiction; certain questions of law CA..................................HR 68 Technology and indigent defense fees and certain fines; authorize .....................HB 240 Torts; structured settlement payment fights; court filings; cancellation rights .....SB 174 Traffic law sentences; restrictions on modification; amend .................................HB 858 Traffic violations bureaus; prosecution of certain misdemeanor offenses ...........HB 683 Traffic violations; disposition; amend; suspension of license..............................HB 767 Trial juries; panels; selection; equal number of peremptory strikes........................SB 27 Trial juries; peremptory challenges; alternate jurors ............................................HB 859 Trial juries; state and defense; equal peremptory strikes......................................HB 299 Uniform rules of the road; traffic-control signal monitoring devices;
civil monetary penalties....................................................................................HB 182 Violating family violence order; define offense; penalties...................................HB 812 Violation of certain ordinances; increased jail time .............................................HB 879
COVINGTON, CITY OF; corporate limits............................................................HB 991

Refer to numerical index for page numbers

4062

INDEX

COWETA COUNTY Board of elections; provisions ..............................................................................HB 927 U. S. military personnel who served in Iraq; commend .......................................HR 920
COX, CHARLES KENNEDY; commend..............................................................HR 858
CRANE, MACKENZIE; commend........................................................................HR 387
CRANSHAW, LONIEZE H.; commend..................................................................HR 84
CREATIVE ARTS GUILD OF DALTON; commend .........................................HR 384
CREWS, CINDY; commend ...................................................................................HR 689
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; Due Process and Equal Protection Restoration Act of 2003; enact .......HB 63 Abortion; Woman's Right to Know Act; enact.......................................................HB 23 Abortion; Woman's Right to Know Act; enact.......................................................HB 52 Abortion; Woman's Right to Know Act; enact........................................................SB 23 Bingo; fee for conducting games; increase.............................................................HB 87 Bingo games; operation by auxiliary unit of parent organization ........................HB 772 Bingo; increase prize amounts..............................................................................HB 134 Bingo; use of certain electronic or computer devices; provisions........................HB 279 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ...............................................................SR 35 Bona fide coin operated amusement machines; regulation ..................................HB 891 Bulletproof vest; unlawful during commission of certain offenses......................HB 173 Carrying weapon without license; prohibit; exception to prohibition................HB 1010 Children's Internet Protection Act; enact; schools, libraries, funding for computers .........................................................................................SB 52 Cigarettes and tobacco products; prohibit possession by minors .........................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions ..................HB 894 Coin operated amusement machines; revise provisions .......................................HB 573 Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties ............SB 124 Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders.....................................HB 261 Controlled substances; attempt or conspiracy to commit offense; sentence ........HB 605 Crimes; abortion; make unlawful .........................................................................HB 377 Crimes against children; amend provisions; criminal liability .............................HB 197

Refer to numerical index for page numbers

INDEX

4063

Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties....................................SB 157
Cruelty to children; endangering a child in the second degree; criminal negligence ...............................................................................................SB 1
Cruelty to children in second degree; nonmerger provision.................................HB 168 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 30 Deposit account fraud; maximum service charge; increase ..................................SB 104 Disabled adults and elder persons; penalties for abuse, neglect,
and exploitation of...............................................................................................SB 12 Domestic violence; protection of victims; protective orders.................................SB 293 Drugs; illegal activities; anhydrous ammonia, amphetamine,
methamphetamine, marijuana; increase criminal penalties...............................SB 205 Driving under the influence; alcohol or drugs; new offense of
refusal to submit to chemical testing...................................................................SB 13 Employment; crime victims; unpaid leave to attend proceedings ........................HB 508 Family violence and stalking protective order registry; standardized
forms; recording procedures..............................................................................SB 123 Family violence battery; define conviction ..........................................................HB 720 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 Fraud; failure to pay for Christmas trees, pine needles, and
horticultural crops.............................................................................................HB 108 Graffiti; compensation to property owners; local governments
establish programs .............................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor to
remove graffiti from private property ...............................................................SB 313 Guardian and ward; comprehensive rewrite of provisions ...................................HB 229 Gun-free zones; certain injuries; liability ...............................................................HB 31 Handguns; license fees; exempt law enforcement officers...................................HB 499 Inmate labor; removing graffiti from certain private property;
victim compensation.........................................................................................HB 144 Keeping a place of prostitution; penalty provisions ................................................SB 77 License to carry pistol; law enforcement officer; no fee ......................................HB 870 Loaded firearm in private vehicle; repeal certain provisions ...............................HB 113 Marijuana; reduce quantity for trafficking prosecution........................................HB 196 Pardons and paroles; transfer of supervision to another state; fees .........................SB 47 Peeping Toms; spying upon or invading the privacy of another ...........................SB 151 Perpetrators of felonies; local government rewards; remove limitation...............HB 359 Persons convicted of certain offenses entering certain property;
criminal trespass ...............................................................................................HB 364 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ...................................................................HB 717 Public transit; buses, rapid rail cars, stations; allow bottled water.......................HB 778
Refer to numerical index for page numbers

4064

INDEX

Reckless conduct against peace or correctional officer; HIV or hepatitis infected person...................................................................................HB 711
Reckless conduct; certain assault by person infected with HIV or hepatitis; endangering peace or correctional officers .....................................SB 20
RICO Act; redefine racketeering activity; include insurance fraud .....................HB 236 Sex offender registration; amend provisions ........................................................HB 463 Sexual exploitation of children; computer pornography; obscene
Internet contact with child................................................................................HB 462 Sexually offensive material or content; distribution through
electronic media.....................................................................................................SB 5 Sexually violent predators; prohibit where minors congregate;
keeping a place of prostitution involving minors; penalties .............................SB 101 Sexual offenders; probation or parole; register prior to release ...........................HB 577 Sexual offenses; pimping; change provisions.......................................................HB 438 Street gangs; prohibited activity; punishment provisions.....................................HB 381 Substance Abuse and Crime Prevention Act; enact .............................................HB 603 Tattooing near the eye; prohibition; expand exception ........................................HB 183 Terrorism Prevention Act of 2003; Criminal Justice Coordinating
Council membership; training of airport managers...........................................SB 187 Unemployment benefits; additional ground for disqualification..........................HB 731 Violating family violence order; define offense; penalties...................................HB 812 Weapons; transporting loaded firearm in vehicle; delete certain language............HB 40 Weapons; unauthorized possession; affirmative defense .....................................HB 193
CRIMINAL JUSTICE COORDINATING COUNCIL Indigent Defense Act; enact; circuit public defenders..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental health advocacy ................................................................................................HB 770 Indigent Defense Act of 2003; enact; multicounty capital defender; circuit public defender.......................................................................................SB 102 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187
CRIMINAL PROCEDURE Aggravated child molestation; prosecution at any time .......................................HB 190 Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification.........................................................................SB 119 Appeals; postconviction DNA testing; procedure ................................................HB 599 Bonds and recognizances; appearance bonds; judgments ..................................HB 1006 Bonds and recognizances; remove court's discretion for certain persons ............HB 918 Bonds and recognizances; sureties and forfeitures; amend provisions ..............HB 1007

Refer to numerical index for page numbers

INDEX

4065

Concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports ......................................HB 414
Demand for trial; service; expiration; appeal ..........................................................SB 45 Discovery in felony cases; oral scientific reports; sentencing hearings ................SB 175 Drugs; illegal activities; anhydrous ammonia, amphetamine,
methamphetamine, marijuana; increase criminal penalties...............................SB 205 Georgia Capital Punishment Study Commission; create......................................HR 546 Georgia Racial Justice Act; enact .........................................................................HB 129 Graffiti; compensation to property owners; local governments
establish programs .............................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor
to remove graffiti from private property ...........................................................SB 313 Indigent Defense Act; enact; circuit public defenders..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental
health advocacy ................................................................................................HB 770 Indigent Defense Act of 2003; enact; multicounty capital
defender; circuit public defender.......................................................................SB 102 Indigent defense; state funds; change distribution criteria ...................................HB 788 Inmate labor; removing graffiti from certain private property;
victim compensation.........................................................................................HB 144 Juvenile proceedings; youthful offenders; amend provisions ..............................HB 670 Personal property in custody of law enforcement agency; disposition ................HB 484 Property unlawfully obtained; photographic record .............................................HB 195 Prosecution costs; include certain transportation cost ..........................................HB 954 Trial juries; panels; selection; equal number of peremptory strikes........................SB 27 Trial juries; state and defense; equal peremptory strikes......................................HB 299 Trials; young victims of certain crimes; closed circuit television
for questioning..................................................................................................HB 400
CRISP ACADEMY VARSITY FOOTBALL TEAM; invite to House ...............HR 179
CRISP COUNTY; grant easement ...........................................................................SR 120
CRONIN, STEWART; Peace Officer of the Year for Valor; invite to House .......HR 234
CRUELTY TO CHILDREN Crimes against children; amend provisions; criminal liability .............................HB 197 Cruelty to children in second degree; nonmerger provision.................................HB 168 Endangering a child in the second degree; criminal negligence................................SB 1 Sexually violent predators; prohibit where minors congregate; keeping a place of prostitution involving minors; penalties .............................SB 101

Refer to numerical index for page numbers

4066

INDEX

CSX TRANSPORTATION'S RICE YARD IN WAYCROSS; commend .........HR 753
CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL; invite certain persons to House.......................................................HR 702
CUMBERLAND ISLAND Access to wilderness section; urge action to support ...........................................HR 778
CURTIS, JAMES; commend ..................................................................................HR 294

D

DACULA, CITY OF; amend charter.......................................................................HB 730 DAILY, KAREN; commend....................................................................................HR 791 DAKIN, MILO; condolences...................................................................................HR 197 DALLAS FIRST BAPTIST CHURCH; express regret at loss................................HR 59 DALTON, CITY OF
Northwest Georgia Trade and Convention Center Authority; create .................HB 1004 DAMS; water reservoirs; locally funded; state take-over; compensation .................SB 246 DAN AND MARIE BRANCH HIGHWAY; designate..........................................SR 150 DAN J. DELOACH HIGHWAY; designate .............................................................SR 69 DANESE, CAROLYN; commend...........................................................................HR 663 DANIEL, CARROLL EDMONDSON "ED"; condolences .................................HR 445 DANIEL, LEONA DAVIDSON; commend ...........................................................HR 727 DARIEN, CITY OF; council districts; elections.....................................................HB 637 DAVENPORT, MR. AND MRS. LEON; commend on 50th anniversary ............HR 421 DAVIS, HOWARD H., JR.; commend...................................................................HR 835

Refer to numerical index for page numbers

INDEX

4067

DAVIS, KRISTEN; 4-H honoree; commend ..........................................................HR 162
DAVIS, ROBERT R.; condolences ...........................................................................HR 18
DAVIS, WINDELL; commend ...............................................................................HR 810
DAWSON COUNTY Homestead exemptions; certain residents .............................................................HB 754 U. S. military personnel who served in Iraq; commend .......................................HR 937
DAY CARE Adult Day Center for Aging Adults Licensure Act; enact....................................HB 318 Certain deaths; persons in compensated care; notify coroner...............................HB 357 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds................................................................HB 524 Certain pre-kindergarten programs; licensing; exemptions..................................HB 525 Child care facilities; liability insurance coverage ....................................................SB 24 Children and youth; day-care employees; require first aid and CPR training ......HB 977 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth .................................................................SB 198 Enterprise zones; additional qualifying businesses and services; enforcement of local codes; certain limitation .................................................HB 748 Facilities; licensing; liability insurance required ..................................................HB 433 First offenders; records disclosure when applying for certain employment............SB 22 Income tax credit; qualified child care expenses ..................................................HB 209
DEAN BRYANT INTERSECTION Designate...............................................................................................................HR 146 Designate..................................................................................................................SR 23 Designate..................................................................................................................SR 67
DEATH PENALTY Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification .............................................................................SB 119 Criminal procedure; discovery; scientific reports; sentencing hearings ................SB 175 Georgia Capital Punishment Study Commission; create ......................................HR 546 Georgia Racial Justice Act; enact .........................................................................HB 129 Trial juries; panels; selection; equal number of peremptory strikes ........................SB 27
DEBTOR AND CREDITOR Debt adjustment; amend provisions......................................................................HB 369 Debt adjustment; amend provisions......................................................................HB 385 Garnishment; exemption of certain pension funds; additional exemption ............... HB 6

Refer to numerical index for page numbers

4068

INDEX

Garnishment; filing costs or fees; prohibit multiple payments.............................HB 758 Property; exemption from levy and sale; judgment debtor
resident; judgment creditor resident in another state.........................................SB 347
DECATUR COUNTY; convey property..................................................................SR 121
DEDEAUX, JOYCE; commend..............................................................................HR 903
DEEDS Real estate transfer tax; superior court clerk collect; exemptions for certain transfers ..............................................................................................SB 97
DEFENSE, DEPARTMENT OF State defense force; authority to use certain state property ..................................HB 303
DEKALB CHORAL GUILD; commend................................................................HR 711
DEKALB COUNTY Adult entertainment; licensing; urge enforcement of existing laws .....................HR 820 Board of registration and elections; provisions......................................................SB 209 Certain arrests; cash deposit in lieu of bond .........................................................HB 764 Homestead exemption; base year assessed value .................................................HB 661 Homestead exemption; base year assessed value .................................................HB 662 Sheriff-elect Derwin Brown Memorial Bridge; designate....................................HR 106
DELONG, CHAD ANDREW; commend...............................................................HR 300
DELTA SIGMA THETA SORORITY, INC. Atlanta Suburban Alumnae; commend .................................................................HR 877
DEMOSTHENIAN LITERARY SOCIETY; bicentennial; commend .................HR 249
DENMARK AND PRIME MINISTER RASMUSSEN Coalition efforts in Iraq; commend.......................................................................HR 571
DENTAL HYGIENISTS' APPRECIATION DAY Recognize February 7, 2003; invite to House.......................................................HR 105
DENTISTS AND DENTAL HYGIENISTS Cosmetic dental coverings; urge removal of unlicensed providers ......................HR 228 Dental hygienists; increase membership on Dentistry Board ...............................HB 284 Dentistry; dental coverings; practicing without a license; authorize arrest ..........HB 430 Dentistry, State Board of; add additional dental hygienist ...................................HB 980

Refer to numerical index for page numbers

INDEX

4069

Dentists; mercury amalgam fillings; prohibit certain usage .................................HB 442 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing board; reduce number of members ...............................................HB 597
DEAN BRYANT INTERSECTION; designate........................................................SR 23
DEPAOLO, ROSEMARY; commend ....................................................................HR 765
DEVELOPMENT AUTHORITIES Joint development authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ................................HB 309
DIA DE LA MUJER LATINA HEALTH FESTIVAL Recognize May 3, 2003 ........................................................................................HR 799
DIAL, THOMAS FRANKLIN; commend .............................................................HR 438
DICKSON, THOMAS SINCLAIR; commend ......................................................HR 895
DIETITIANS Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing board; reduce number of members ...............................................HB 597
DIGITAL EQUIPMENT AND COMPUTERS Access to Postsecondary Education Instructional Material Act; enact...............HB 1020 Children's Internet Protection Act; enact; schools, libraries, funding for computers .......................................................................................................SB 52 Colleges and technical schools; textbooks in electronic format ...........................HB 712 Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties ...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties.............SB 124 Computer software; redefine; exclusions..............................................................HB 533 Elections; comprehensive revisions; direct recording electronic voting systems ...................................................................................................SB 258 Grand juries; certain judges draw from electronic jury box .................................HB 580 House Study Committee on Technology Education; create ...................................HR 65 Income tax credits; certain counties; telecommunications ...................................HB 984 Income tax returns; electronic filing; extend date.................................................HB 536 Open records requests; compliance; Internet records ...........................................HB 532 Pagers and electronic communication devices; possession by students ..................SB 29 Sales tax exemption; certain school clothes, supplies, computer items; limited time ............................................................................................HB 204

Refer to numerical index for page numbers

4070

INDEX

Sales tax exemption; school clothes, supplies, computers; annually in August............................................................................................HB 228
Sales tax exemption; school supplies, clothing, computers; limited time ............HB 250 Sales tax exemption; school supplies, clothing, computers; limited time ............HB 542 Sexual exploitation of children; computer pornography; obscene
Internet contact with child ................................................................................HB 462 Sexually offensive material or content; distribution through electronic
media......................................................................................................................SB 5 State and Local Tax Revision Act of 2003; enact...................................................HB 43 Surplus state property; disposal methods; include electronic sale........................HB 133 Technology and indigent defense fees and certain fines; authorize .....................HB 240 Wine shipments; consumers order electronically .................................................HB 154
DISABLED PERSONS (See Handicapped Persons)
DISABILITIES DAY AT THE CAPITOL; recognize March 13, 2003...............HR 385
DISTANT REPLAYS IN ATLANTA, GEORGIA Recognize 5th anniversary .....................................................................................HR 650
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverages; consumption on premises; local authorization...................HB 493 Alcoholic beverages; state excise taxes; increase .................................................HB 378
DISTRICT ATTORNEYS County law libraries; board members; use of collected funds.................................SB 83 District attorneys emeritus; compensation; increase...............................................HB 55 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187
DISTRICT 48 LEGISLATIVE DAY AT THE CAPITOL Recognize February 20, 2003 .................................................................................HR 63
DIVORCE (See Domestic Relations)
DIXIE HIGHWAY; designate..................................................................................SR 171
DIXON GROVE BAPTIST CHURCH; commend ...............................................HR 207
DNA Appeals; postconviction DNA testing; procedure ................................................HB 599 Income tax; biotechnology businesses; job tax credit...........................................HB 563
Refer to numerical index for page numbers

INDEX

4071

Sales tax; exempt certain biotechnology research, product development, or manufacturing ........................................................................HB 567
Testing; postconviction proceedings; retention of evidence; victim notification..............................................................................................SB 119
DODGE COUNTY; education districts; reapportion ..............................................HB 956
DOGS Assistance dogs; interfering with, assaulting, killing; penalties ...........................HB 211 Hunting deer with dogs; permits; prohibition .......................................................HB 845 Liens; treatment, board, or care of animals; change provisions ...........................HB 941 Search and rescue dogs; monument honoring; authorize erection........................HR 357
DOLDER, ANDREW; commend............................................................................HR 802
DOMESTIC RELATIONS Adoption; prohibit the sale or offer for sale of a child by parent or guardian .......SB 281 Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Adoptions; name change of office; amend provisions..........................................HB 176 Alimony and child support; financial status of parties; verification.......................HB 21 Alimony; length of time and amount; effect of remarriage ..................................HB 749 Child abuse; certain sexual abuse; parent report...................................................HB 241 Child abuse protocol; child fatality review committee; powers of panel .............HB 479 Child custody; attorneys' fees and litigation expenses..........................................HB 507 Child support; amend provisions; income deduction order ..................................HB 149 Child support and driver's license applications; social security number or certification of non-eligibility .........................................................HB 319 Cruelty to children; endangering a child in the second degree; criminal negligence................................................................................................SB 1 Deprived child; temporary legal custody; provisions .............................................HB 41 Domestic violence; protection of victims; protective orders .................................SB 293 Drivers' licenses; application; child support; additional forms of identification.................................................................................................HB 139 Drivers' licenses; redefine resident; child support; forms of identification ..........HB 126 Economic Development and Public Safety Act; enact .........................................HB 578 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123 Family violence battery; define conviction...........................................................HB 720 Family violence; mutual protective orders; revise prohibition .............................HB 799 Family Violence Shelter Confidentiality Act of 2003; penalties for disclosing information .................................................................................SB 147

Refer to numerical index for page numbers

4072

INDEX

Grandparents' visitation rights; amend provisions................................................HB 884 Marriage licenses; testing for syphilis; repeal requirements..................................SB 190 Parental power, grandparent visitation, adoption; prohibition;
certain conviction..............................................................................................HB 330 Superior court fees; interpreters; temporary protective order hearings ................HB 255 Temporary protective orders; duration .................................................................HB 722 Violating family violence order; define offense; penalties...................................HB 812
DONALSONVILLE HOSPITAL; commend ........................................................HR 766
DORMINY, A.B.C. "BRAD", JR.; condolences ...................................................HR 648
DOROTHY B. PELOTE VIADUCT; designate....................................................HR 589
DOSS, HONORABLE DAVID State Board of Transportation; election; Seventh Congressional District ............Page 21
DOSTER, DORIS L.; condolences .........................................................................HR 892
DOTSON, KAYLA NICOLE; commend ...............................................................HR 449
DOUGHERTY COUNTY Board of commissioners; clerk .............................................................................HB 699 Tax commissioner; collecting school taxes ..........................................................HB 695
DOUGLASVILLE, CITY OF Smoking in public places; nonbinding referendum ..............................................HB 997
DOVERSPIKE, RICHARD WILLIAM; commend .............................................HR 833
DRAPER, SCOTT L.; commend ............................................................................HR 674
DRISKILL, WOODY; commend............................................................................HR 904
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver education for minors; income tax credit ....................................................HB 813 Driver education fund; create; General Assembly provide by law CA .............HR 699 Driver education; requirements; provisions..........................................................HB 953 Drivers' licenses; exempt certain persons from driving exam ..............................HB 483 Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools............................................................HB 447 Drivers' licenses for minors; certain instructors sign application .........................HB 452 Driver training schools and driver's education programs; licensing.....................HB 450

Refer to numerical index for page numbers

INDEX

4073

DRIVERS' LICENSES Acknowledgment of implied consent law.............................................................HB 816 Application; child support; additional forms of identification .............................HB 139 Application; use of military identification card .....................................................SB 262 Certain out-of-state applicants; on-the-road driving test not required..................HB 616 Certain suspension; law enforcement officer's legal representation .....................HB 678 Certain suspension; limited driving permits .........................................................HB 169 Certain suspension; limited driving permits .........................................................HB 185 Child support and driver's license applications; social security number or certification of non-eligibility ......................................................................HB 319 Class D permit holders; limitations.......................................................................HB 187 Commercial motor vehicles and school buses; prohibitions..................................SB 173 Court conviction reports; transmittal fees..............................................................SB 229 Disabled persons; identification cards and parking; include persons age 85 or above.................................................................................................HB 793 Driver education fund; create; General Assembly provide by law CA .............HR 699 Driver education; requirements; provisions..........................................................HB 953 Driving under the influence; alcohol or drugs; new offense of refusal to submit to chemical testing...............................................................SB 13 Driving under the influence; refusal to submit to chemical testing; create offense .......................................................................................HB 651 Economic Development and Public Safety Act; enact .........................................HB 578 Exempt certain persons from driving exam ..........................................................HB 483 Fingerprinting; prohibit.........................................................................................HB 490 Ignition interlock devices; amend provisions .......................................................HB 449 Include pedestrian safety procedures on exam .....................................................HB 153 Juvenile traffic offenses; jurisdiction; remove from juvenile court......................HB 740 Minors; amend provisions; driver training schools and commercial driver training schools ..................................................................HB 447 Minors; certain instructors sign application..........................................................HB 452 Motor vehicle insurance; termination; exception; certain military personnel ......HB 171 Motor vehicles; certain violations; life imprisonment or death ..............................HB 11 Motor vehicles; radios and mobile phones; prohibit certain use ..........................HB 125 Motor vehicles; registration and insurance provisions; amend.............................HB 191 Priority service at centers ....................................................................................HB 1015 Redefine resident; amend alien provisions .............................................................HB 12 Redefine resident; child support; forms of identification .....................................HB 126 Reduced fees for organ donors; eliminate.............................................................HB 751 Residency requirements; veteran's license............................................................HB 356 Revocation; destruction of surrendered licenses...................................................HB 620 Sex offender registration; amend provisions ........................................................HB 463 Suspension; minors; controlled substance violation ...........................................HB 1023 Suspension; noncompliance with child support; reinstatement ............................HB 872

Refer to numerical index for page numbers

4074

INDEX

Traffic violations; disposition; amend; suspension of license ..............................HB 767 Uniform rules and drivers' licenses; probation restrictions...................................HB 863 Vehicle certificate of title applications; owner's legal name and
driver's license number ......................................................................................SB 250 Young drivers; amend provisions .........................................................................HB 124
DRIVING UNDER THE INFLUENCE Additional penalties; victim compensation awards ................................................HB 20 Commercial motor vehicles and school buses; prohibitions..................................SB 173 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Fleeing or eluding police while driving under the influence; felony....................HB 283 House Study Committee on Penalties for Driving Under the Influence Offenses; create ..................................................................................HR 53 Juvenile traffic offenses; jurisdiction; remove from juvenile court......................HB 740 Motor vehicles; certain violations; life imprisonment or death ..............................HB 11 New offense of refusal to submit to chemical testing..............................................SB 13 Refusal to submit to chemical testing; create offense...........................................HB 651 Tests of certain substances; lab certificates; admission as evidence ....................HB 238
DRUGS AND DRUG DEPENDENCY AND ABUSE Advisory committee on seniors and prescription drug costs; establish ................HB 935 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders ....................................HB 261 Controlled substances; attempt or conspiracy to commit offense; sentence.........HB 605 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools...............................................HB 447 Drivers' licenses; suspension; minors; controlled substance violation ...............HB 1023 Driving under the influence; additional penalties; victim compensation awards..........................................................................................HB 20 Driving under the influence; new offense of refusal to submit to chemical testing ...............................................................................................SB 13 Driving under the influence; refusal to submit to chemical testing; create offense .......................................................................................HB 651 Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties...............................SB 205 Fleeing or eluding police while driving under the influence; penalty ..................HB 283 Health insurance; covered benefits; off-label prescription drugs ............................SB 96

Refer to numerical index for page numbers

INDEX

4075

House Study Committee on Penalties for Driving Under the Influence Offenses; create ..................................................................................HR 53
Income tax credit; certain pharmaceutical companies ..........................................HB 993 Intellectually Disabled Health and Fitness Program Fund; establish;
special license plates.........................................................................................HB 428 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create......HR 264 Juvenile traffic offenses; jurisdiction; remove from juvenile court......................HB 740 Marijuana; reduce quantity for trafficking prosecution ........................................HB 196 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Motor vehicles; certain violations; life imprisonment or death ..............................HB 11 Nuisances; county and municipal abatement powers; unfit buildings..................HB 474 Optometrists; certain medications for the eye; authority to prescribe ................HB 1039 Patient Safe Prescription Drug Act; enact; regulate electronically
transmitted data; patient's choice of retail pharmacy ........................................SB 179 Physician's assistants; handling of professional samples....................................HB 1016 Physicians; gifts from certain industries; prohibit ................................................HB 186 Prescription drugs by mail; enrollees in HMO health benefit plans......................SB 145 Prescription Drugs for Seniors, Joint Study Committee; create ..............................SR 55 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ...................................................................HB 717 Substance Abuse and Crime Prevention Act; enact..............................................HB 603 Tests of certain substances; lab certificates; admission as evidence ....................HB 238
DRUMMER, FANNIE; commend ..........................................................................HR 638
DUBLIN, CITY OF; board of education; compensation ........................................HB 344
DULUTH, CITY OF; new charter............................................................................SB 377
DUNCAN, RICHARD (RICKY); commend..........................................................HR 186
DYER, JODI; commend ..........................................................................................HR 889
E
E. W. OLIVER ELEMENTARY SCHOOL; commend.......................................HR 389
EARLEY, MICHELLE; commend.........................................................................HR 155

Refer to numerical index for page numbers

4076

INDEX

EARL T. SHINHOLSTER INTERCHANGE AND BRIDGE; designate...................................................................................................SR 6
EARLY COUNTY Probate judge; nonpartisan elections.....................................................................HB 925 State court; terms...................................................................................................HB 668
EARLY COUNTY HIGH SCHOOL LADY CATS BASKETBALL TEAM; commend.....................................................................HR 659
EAST DUBLIN, CITY OF; corporate limits ..........................................................HB 880
EAST HALL HIGH SCHOOL BOYS BASKETBALL TEAM; invite team and coaches to House...........................................................HR 402
EASTMAN, CITY OF; corporate limits .................................................................HB 946
EAVES, MARTHA TALBOT; commend ..............................................................HR 804
ECONOMY AND ECONOMIC DEVELOPMENT Economic Development and Fiscal Accountability Act; enact ............................HB 860 Economic Development and Public Safety Act; enact .........................................HB 578 Income tax; jobs tax credits; less developed areas; business closings in areas comprising military bases ........................................................SB 11 Iraq; postwar rebuilding; urge president and Congress include African Americans............................................................................................HR 744 President Bush's 2003 Economic Growth and Tax Relief Plan; urge congressional delegation to support passage .....................................................SR 226 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina .........................................................SR 240
EDUCATION Access to Postsecondary Education Instructional Material Act; enact...............HB 1020 Bid opportunities for local governments and boards of education; advertisement ...................................................................................SB 342 Bill of rights for Georgia teachers; enact ..............................................................HB 275 Board of Regents; power; subject to General Assembly and Governor CA .....HR 622 Board of Regents; urge expansion of teacher education program ........................HR 601 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds................................................................HB 524 Certain state and local construction; urge certain design and material standards .............................................................................................HR 668
Refer to numerical index for page numbers

INDEX

4077

Certain teachers; salary step increases; urge State Board of Education adopt .....HR 145 Certificated professional personnel; compensation ..............................................HB 271 Certificated professional personnel; regulation ....................................................HB 877 Certified school counselors and certified school social workers;
salary increase....................................................................................................SB 178 Certified School Social Worker Specialists; salary increase ................................HB 320 Charter schools; amend provisions ........................................................................SB 216 Child abuse records; access by Office of Readiness and Department
of Education.......................................................................................................SB 201 Children of deceased POST officers; urge free college tuition ..............................HR 23 Children's Internet Protection Act; enact; schools, libraries, funding
for computers .......................................................................................................SB 52 Coin operated amusement machines; uses of regulatory fees and fines CA .....HR 618 College athletic recruitment rules; certain violations; cause of
action provisions.................................................................................................HB 95 Colleges and technical schools; textbooks in electronic format ...........................HB 712 Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 Colleges; meningococcal meningitis; vaccination or signed waiver ....................HB 199 College students; vaccination against meningococcal meningitis .........................SB 266 Commercial driveways; permits; certain school bus loading areas ......................HB 763 Contracts for school principals; date for tendering...............................................HB 360 County appointed school superintendents; early termination; provisions ............HB 435 Day-care; certain pre-kindergarten programs; licensing; exemptions ..................HB 525 Deaf students; certification of interpreters............................................................HB 295 Development impact fees for educational purposes; local boards
collect CA ......................................................................................................HR 350 Division of school board mediation; provisions ...................................................HB 407 Division of school board mediation; provisions ...................................................HB 459 Driver education fund; create; General Assembly provide by law CA .............HR 699 Driver education; local boards offer as elective; funding .....................................HB 281 Driver education; requirements; provisions..........................................................HB 953 Education accountability; comprehensive revision of provisions ........................HB 515 Education accountability; comprehensive revision of provisions;
Office of Student Achievement .........................................................................SB 248 Education flexibility and accountability; comprehensive revision
of provisions .....................................................................................................HB 516 Education funding; repeal ad valorem tax; impose excise tax on
motor fuel CA ..................................................................................................HR 43 Education officials; recommending certain products to students;
prohibit compensation ......................................................................................HB 478 Electronic textbooks; make available to local boards, schools, and students.......HB 363 Elementary and middle school students; daily break..........................................HB 1013 Endangering a child's education; failure to enroll; penalties ................................HB 406

Refer to numerical index for page numbers

4078

INDEX

Expenditures; advanced placement test fees; class sizes; sales tax for educational purposes ....................................................................................SB 249
Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551
High priority school teachers; student loan repayments .........................................HB 99 Home school students; eligibility; extracurricular programs
in public schools ................................................................................................SB 210 HOPE scholarships; eligibility; amend provisions ...............................................HB 706 HOPE scholarships; eligibility; schools with certain accreditation....................HB 1011 HOPE scholarships; private colleges; certain part-time eligibility.......................HB 341 House Local School District Development Impact Fees Study
Committee; create.............................................................................................HR 558 House Study Committee on HB 33; create ...........................................................HR 262 House Study Committee on School Restroom Standards; create .........................HR 528 House Study Committee on Technology Education; create ...................................HR 65 House Study Committee on Uniform High School Grading; create.......................HR 51 Improvement of the HOPE Scholarship Joint Study Commission; create ............SR 220 Income tax credit; qualified education expenses; home study programs .............HB 337 Income tax credit; teachers; qualified education expenses ...................................HB 431 Joint enrollment; certain private schools and home study programs....................HB 985 Local boards of education; certain benefits; authorize funds ...............................HB 328 Local boards of education; establish start date of school year..............................HB 930 Local government entities and state authorities; timely payment for
goods and services ............................................................................................HB 374 Local school boards and superintendents; method of selection
provided by law CA.......................................................................................HR 130 Lottery for education; proceeds; compensation to retailers ..................................HB 934 Lottery for education; proceeds; compensation to retailers ..................................HB 978 Mandatory attendance; change age to 17..............................................................HB 179 Maximum speed limit; school zones; 25 miles per hour ......................................HB 219 Medical education and physician workforce; provisions........................................HB 56 Pagers and electronic communication devices; possession by students ..................SB 29 Professional Standards Commission; revise provisions .......................................HB 198 Public institutions, schools, and sporting events; quiet-reflection
period; urge Congress require...........................................................................HR 172 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Public schools; annually observe Celebrate Freedom Week; week of 9/11 .........HB 253 Quiet reflection in schools; clarification; silent prayer or meditation ..................HB 963 Sales to county school board by member; exception to prohibition.......................HB 79 Sales tax; educational purposes; local boards; performance audit........................HB 346 Sales tax exemption; school supplies, clothing, computers;
annually in August............................................................................................HB 228

Refer to numerical index for page numbers

INDEX

4079

Sales tax exemption; school supplies, clothing, computers; limited time.......................................................................................................HB 204
Sales tax exemption; school supplies, clothing, computers; limited time.......................................................................................................HB 250
Sales tax exemption; school supplies, clothing, computers; limited time.......................................................................................................HB 542
School attendance officers; authority; certain peace officers; duties....................HB 395 School councils; amend provisions; State of the School presentation..................HB 390 School counselors; national certification; salary increase ....................................HB 761 School Pesticide Act; enact; regulations.............................................................HB 1042 School psychologists; national certification; salary increase................................HB 808 School Restroom Standards Act; enact.................................................................HB 336 Schools; local boards; adopt truancy policy .........................................................HB 900 School systems; purchasing contracts over $5000; regulations.............................SB 294 Special U.S. flag license plate fees; certain education trust fund CA................HR 322 State employees; payroll deductions; Higher Education Savings
Plan; certain inclusion in defined contribution plan.........................................HB 424 State, local governments, local boards of education; timely
payment of goods and services .........................................................................HB 725 State mandated student assessments; exempt certain international students ..........HB 33 Student codes of conduct; violation; certain disciplinary action ..........................HB 132 Students; certain acts of physical violence; disciplinary tribunal.........................HB 583 Students in transit; certain conditions; not to be counted tardy or absent ............HB 434 Students under age 16; prohibit permanent expulsion ..........................................HB 962 Teacher salary supplements; certain donations CA ............................................... HR 3 Teachers and employees; nonrenewal of contract; local boards adopt policy......HB 362 Teachers and other personnel; certain forfeited leave; restoration .........................HB 25 Teachers; employment rights; compensation for increase in
student test scores ..............................................................................................SB 193 Teachers or other professional employees; contracts; complete
terms and conditions ..........................................................................................SB 223 Teachers; rights for continued employment; restore...............................................HB 81 Teachers transferring from other states; certain exemption;
paraprofessionals and aides ..............................................................................HB 590 Teen dating violence; prevention education program............................................SB 346 Textbooks of excessive weight; provisions to protect students from injury.........HB 412 Tobacco tax proceeds; uses; Medical Trust Fund CA .......................................HR 780 Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342 Tuition equalization grants; private colleges and universities;
eligibility and use...............................................................................................SB 244 Virtual charter schools; provisions ........................................................................SB 203 Whistleblowers' Protection Act for Public School Employees; enact ...................SB 254
Refer to numerical index for page numbers

4080

INDEX

EDWARDS, CONNIE; commend...........................................................................HR 344
EDWARDS, HALLIE WARD; commend .............................................................HR 928
EDWARDS, HONORABLE WARD State Board of Transportation; election; Third Congressional District ..............Page 323
EDWARDS, MARSHALL; commend....................................................................HR 432
EFFINGHAM COUNTY Board of education; nonpartisan election..............................................................HB 488 Chief magistrate; nonpartisan elections ................................................................HB 801 Probate judge; nonpartisan elections.....................................................................HB 802
EFFINGHAM COUNTY DAY; recognize...............................................................HR 57
EFFINGHAM COUNTY 2002-2003 STAR STUDENTS AND STAR TEACHERS; commend .................................................................HR 786
ELBERT COUNTY; probate judge; nonpartisan election ......................................HB 707
ELDERLY Adult Day Center for Aging Adults Licensure Act; enact....................................HB 318 Ad valorem tax; exempt full homestead value; senior citizens ................................ HB 8 Advisory committee on seniors and prescription drug costs; establish ................HB 935 Certain deaths; persons in compensated care; notify coroner...............................HB 357 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth activities .........................................SB 198 Disabled adults and elder persons; penalties for abuse, neglect, and exploitation of ...............................................................................................SB 12 Disabled persons; identification cards and parking; include persons age 85 or above.................................................................................................HB 793 First offenders; records disclosure when applying for certain employment............SB 22 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551 Homestead tax deferral; senior citizens; increase amount ....................................HB 138 House Study Committee on Long-term Care Insurance; create ...........................HR 334 Income tax; exempt persons 65 or older ................................................................... HB 5 Independence Plus Act; enact ...............................................................................HB 701 Joint Study Committee on Prescription Drugs for Seniors; create ..........................SR 55 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Nursing Home Provider Fee Act; enact ................................................................HB 526 Parking permits; certain transporters of persons with disabilities ........................HB 613

Refer to numerical index for page numbers

INDEX

4081

ELECTIONS Absentee voting; provisions..................................................................................HB 128 Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ...................................................................................HB 908 Campaign activities; prohibit on certain grounds ...................................................HB 49 Campaign contributions; applicants for judgeships; prohibitions ........................HB 160 Campaign contributions; certain judgeships; disqualification..............................HB 155 Campaign contributions; disposition and disclosure; requirements .....................HB 163 Candidates for nonjudicial offices in nonpartisan election; provisions ................HB 408 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Comprehensive revisions; direct recording electronic voting systems..................SB 258 County judicial offices; nonpartisan elections; provide by local Act .....................HB 47 Direct recording electronic voting systems; amend provisions ............................HB 427 Elected officials; party affiliation; certain prohibition CA ..................................HR 89 Election fraud; information leading to arrest; reward.............................................HB 14 Elections Code; corrections ..................................................................................HB 105 Election superintendent; office to remain open until ballots are counted.............HB 114 Ethics; disposition of excess campaign contributions .............................................SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses ............................................................................................SB 338 Ethics in government; amend provisions ..............................................................HB 771 Ethics in government; comprehensive reforms......................................................SB 168 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................SB 109 Ethics; required filings; keep envelope or wrapper with report............................HB 278 Flag; nonbinding state-wide referendum ..............................................................HB 380 Legislative and congressional reapportionment; specify requirements; community of interest ..........................................................................................SB 91 Magistrates and chief magistrate; nonpartisan elections ......................................HB 639 Nonpartisan elections of local officers; additional officers ..................................HB 622 On-site absentee voting; provisions ......................................................................HB 752 Petition candidates; notification of requirements..................................................HB 723 Political party candidates; nominate by plurality vote............................................HB 27 Public officers; appointed or elected; financial disclosure provisions....................HB 62 Qualifying fees; certain county officials; calculation ............................................SB 153 Sheriffs; nonpartisan elections .................................................................................SB 26 Superior court clerks; nonpartisan elections .........................................................HB 729 Voter Choice and Election Access Reform Act of 2003; enact............................HB 355 Voter registration; declare political party; primaries; vote declared party ballot only..................................................................................................HB 28

Refer to numerical index for page numbers

4082

INDEX

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; definition; regulation............................................................................SB 37
ELECTRICAL SERVICE Ad valorem tax; exempt certain property used in generating electricity ..............HB 565 Ad valorem tax; property equipped with certain systems for generating electricity; exempt CA.................................................................HR 259 Electric membership corporations; transmission line siting committee; provisions.......................................................................................HB 373 Electric, natural gas, and local phone companies; payment centers .....................HB 311 Electric power plants; remove power of eminent domain ....................................HB 664 Electric transmission systems; proposed standard design; urge Federal Energy Regulatory Commission and Congress not adopt...................HR 399 Electric utilities; renewable energy goals .............................................................HB 586 Eminent domain; electric transmission line; prohibit; exception .........................HB 305 Eminent domain; electric transmission line; prohibit; exception .........................HB 671 Eminent domain; electric transmission line; Public Service Commission issue certificate ..............................................................................HB 22 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 Income tax; credit for premium energy efficient appliances ................................HB 564 Joint Study Committee on Location of Electric Transmission Lines; create.......................................................................................................SR 308 Power substation in residential neighborhood; urge Georgia Power consult with residents ............................................................................HR 256 Public Service Commission; authority to regulate rates; pilot project ...................HB 50 Sales tax exemption; certain gas for production of electricity..............................HB 202 Unclaimed property; certain dividends or capital credits; disposition....................HB 24
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Access to Postsecondary Education Instructional Material Act; enact...............HB 1020 Children's Internet Protection Act; enact; schools, libraries, funding for computers .......................................................................................................SB 52 Colleges and technical schools; textbooks in electronic format ...........................HB 712 Communication service and devices; unlawful access; penalties.........................HB 867 Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties ...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties.............SB 124 Computer software; redefine; exclusions..............................................................HB 533 Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders .....................................HB 261 Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ...............................................HB 456

Refer to numerical index for page numbers

INDEX

4083

Drivers' licenses; court conviction reports; transmittal fees ..................................SB 229 Elections; comprehensive revisions; direct recording electronic
voting system .....................................................................................................SB 258 Electronic textbooks; make available to local boards, schools, and students.......HB 363 Ethics in government; comprehensive reforms......................................................SB 168 Family violence and stalking protective order registry; standardized forms;
recording procedures .........................................................................................SB 123 Family Violence Shelter Confidentiality Act of 2003; penalties
for disclosing information .................................................................................SB 147 Grand juries; certain judges draw from electronic jury box .................................HB 580 House Study Committee on Technology Education; create ...................................HR 65 Income tax credits; certain counties; telecommunications ...................................HB 984 Income tax returns; electronic filing; extend date.................................................HB 536 Insurance; health care claims; expedited processing ............................................HB 843 Open records requests; compliance; Internet records ...........................................HB 532 Pagers and electronic communication devices; possession by students ..................SB 29 Revenue commissioner; powers and duties; tax executions;
tax liabilities......................................................................................................HB 556 School systems; purchasing contracts over $5000; regulations.............................SB 294 Sexual exploitation of children; computer pornography; obscene
Internet contact with child ................................................................................HB 462 Sexually offensive material or content; distribution through
electronic media ....................................................................................................SB 5 Surplus state property; disposal methods; include electronic sale........................HB 133 Tax receivers; taxpayer statistical information; confidentiality............................HB 529 Technology and indigent defense fees and certain fines; authorize .....................HB 240 Uniform Athlete Agents Act; enact ......................................................................HB 194 Wine shipments; consumers order electronically .................................................HB 154
ELIJAH SUMMITT LODGE #309 IN JONESBORO, GEORGIA; commend .........................................................................................HR 413
ELLAVILLE, CITY OF; council; composition; elections .......................................HB 46
ELLENBERG, MARJORIE; commend.................................................................HR 871
ELLIJAY, CITY OF Ellijay-Gilmer County; water and sewerage authority; members.........................HB 795
ELLISON, WYNATHIA; commend.......................................................................HR 798
EMERGENCIES AND EMERGENCY SERVICES Air ambulance services; licensure and regulation......................................................SB 7

Refer to numerical index for page numbers

4084

INDEX

Automated external defibrillators; registration with Department of Human Resources ..............................................................................................SB 265
Children and youth; day-care employees; require first aid and CPR training ......HB 977 Counselors providing disaster relief services; license exemption ...........................SB 71 Emergencies; firearms; repeal certain power of governor ....................................HB 411 Emergency management agencies; certain employees; indemnification...............SB 218 Emergency management; state government safety plans; exemptions.................HB 632 Emergency management; unified incident command system; provisions.............SB 243 Emergency Medical Services (EMS) Recognition Day;
recognize February 27, 2003 ............................................................................HR 236 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Law enforcement agencies; emergency response and vehicular
pursuit policies...................................................................................................SB 292 Open records and open meetings; exceptions to provisions ..................................SB 113 Public records inspection; written requests; certain information redacted ...........HB 246 Torts; federal smallpox vaccination program; hospital employees
and health care providers and workers; immunity.............................................SB 336 Uniform rules of the road; motor vehicles; reduce speed when
passing certain stationary vehicles ...................................................................HB 457 Vaccination program for emergency responders exposed to
infectious diseases; contingent upon bioterrorism funding ...............................SB 333
EMERGENCY MEDICAL SERVICES (EMS) RECOGNITION DAY; recognize February 27, 2003 .......................................HR 236
EMINENT DOMAIN Electric power plants; remove power of eminent domain ....................................HB 664 Electric transmission line; prohibit; exception......................................................HB 305 Electric transmission line; prohibit; exception......................................................HB 671 Electric transmission line; Public Service Commission issue certificate ...............HB 22 Special master; inverse condemnation; provisions ...............................................HB 868 Water reservoirs; locally funded; state take-over; compensation ..........................SB 246
EMISSIONS, MOTOR VEHICLES Income tax credits; low or zero emission vehicles; electric chargers...................HB 535 Inspections; remote sensing technology; create fund ...........................................HB 676 Motor vehicle emissions fund; provide by general law CA ..............................HR 356
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT AND EMPLOYMENT SECURITY Employment; discharge because of absenteeism; amend provisions ...................HB 112

Refer to numerical index for page numbers

INDEX

4085

Employment security; certain persons seeking part-time work............................HB 591 Employment security; contribution rates; employee leasing
companies and professional employer organizations ........................................SB 167 Employment security; exclude services by certain corporate officers....................HB 16 House Study Committee on Equal Pay; create .....................................................HR 319 Income tax credit; certain businesses creating full-time jobs ...............................HB 422 Labor and industrial relations; unlawful discriminatory practices; prohibit.........HB 633 Minors; employment; written permission of parent or guardian ............................HB 13 Supplemental appropriation; Department of Labor ..............................................HB 647 Supplemental appropriation; Department of Labor ..............................................HB 735 Unclaimed property; disposition of unpaid wages; change provisions ................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned ...................HB 733 Unemployment benefits; additional ground for disqualification ..........................HB 731 Unemployment benefits; eligibility; employee leasing companies ....................HB 1001 Unemployment benefits; eligibility; military transfer of spouse ..........................HB 117 Unemployment Insurance Trust Fund Joint Study Committee; create..................SR 234
ENERGY Electric transmission systems; proposed standard design; urge Federal Energy Regulatory Commission and Congress not adopt...................HR 399 Electric utilities; renewable energy goals .............................................................HB 586 House Energy Efficient Homes Study Committee; create......................................HR 64
ENG, GREG; commend...........................................................................................HR 335
ENGINEERS AND LAND SURVEYORS Engineer-in-training and land surveyor-in-training; certification requirements .....................................................................................................HB 986 Health; sewage management systems; soil reports; soil classifiers and other professionals ......................................................................................SB 129 Professional engineers and land surveyors; redefine land surveying ...................HB 726 State licensing board; reduce number of members ...............................................HB 597
ENGLISH AVENUE ELEMENTARY SCHOOL; commend teachers ...............HR 121
ENGLISH, HONORABLE PASCHAL; commend...............................................HR 367
ENTERPRISE ZONES Additional qualifying businesses and services; enforcement of local codes; certain limitation...........................................................................HB 748
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)

Refer to numerical index for page numbers

4086

INDEX

EPILEPSY FOUNDATION OF GEORGIA'S ZERO LUNCHES/ZERO NOS DAY; recognize ..........................................................HR 773
EQUAL PAY DAY; designate April 15, 2003 ........................................................HR 678
EQUAL RIGHTS Abortion; Due Process and Equal Protection Restoration Act of 2003; enact .......HB 63 Abortion; minor; parental notification ..................................................................HB 574 Abortion; minor; parental notification; identification requirements.....................HB 466 Abortion; Woman's Right to Know Act; enact .......................................................HB 23 Abortion; Woman's Right to Know Act; enact .......................................................HB 52 Abortion; Woman's Right to Know Act; enact ........................................................SB 23 African Affairs Commission; create .....................................................................HB 937 American Indian tribes; recognize RedNation of Cherokee New Echota Band......................................................................................................HB 755 Clarence Thomas Tribute Commission; create.....................................................HR 565 Commission on Men's Health; presiding officer; term ...........................................HB 45 Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ..................................................................................................HR 351 Crimes; abortion; make unlawful..........................................................................HB 377 Eastern Cherokee Indian Tribe; revise address........................................................SB 93 Equal Pay Day; designate April 15, 2003 .............................................................HR 678 Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ........................HR 564 Fair housing authorities; subpoena power to investigate complaints ...................HB 393 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center..........................HB 494 Georgia Neighborhood Protection Act; enact.......................................................HB 131 Georgia Racial Justice Act; enact .........................................................................HB 129 House Study Committee on Equal Pay; create .....................................................HR 319 Iraq; postwar rebuilding; urge president and Congress include African Americans............................................................................................HR 744 Labor and industrial relations; unlawful discriminatory practices; prohibit.........HB 633 Law enforcement officers stopping motorists; prohibit race considerations ........HB 818 Minority business enterprises; certification procedures; amend provisions ..........SB 115 Nondiscrimination Act of 2003; enact ..................................................................HB 885 Senate Bill 23; urge consideration by House ........................................................HR 722
ESTATES (See Wills, Trusts, and Administration of Trusts)
ESTRADA, MIGUEL A.; urge confirmation to U.S. Court of Appeals.................HR 564

Refer to numerical index for page numbers

INDEX

4087

ETHICS IN GOVERNMENT Amend provisions .................................................................................................HB 771 Campaign contributions; applicants for judgeships; prohibitions ........................HB 160 Campaign contributions; certain judgeships; disqualification..............................HB 155 Campaign contributions; disposition and disclosure; requirements .....................HB 163 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Comprehensive reforms .........................................................................................SB 168 Disposition of excess campaign contributions.........................................................SB 82 Distribution of campaign contributions; ordinary and necessary expenses...........SB 338 General Assembly Training Institute; appointment of members............................HB 57 Public officers; appointed or elected; financial disclosure provisions....................HB 62 Reforms, campaign contributions, activities on behalf of inmates..........................SB 31 Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................................SB 109 Required filings; keep envelope or wrapper with report ......................................HB 278
EUHARLEE DAY; recognize September 16, 2003 ................................................HR 420
EVANS COUNTY Board of education; nonpartisan elections ............................................................HB 713 Commissioner districts; reapportion .....................................................................HB 402 Education districts; reapportion ............................................................................HB 416
EVANS, HONORABLE MIKE State Board of Transportation; election; Tenth Congressional District..............Page 325
EVANS, VIVIAN; commend ...................................................................................HR 486
EVIDENCE Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Criminal procedure; discovery in felony cases; oral scientific reports; sentencing hearings ..............................................................................SB 175 Guardian and ward; comprehensive rewrite of provisions ...................................HB 229 Juvenile proceedings; discovery and disclosure provisions...................................SB 116 Personal property in custody of law enforcement agency; disposition.................HB 484 Tests of certain substances; lab certificates; admission as evidence ....................HB 238
EXAMINING BOARDS (See Licenses or Professions and Businesses)

Refer to numerical index for page numbers

4088

INDEX

EXCISE TAX Ad valorem tax; bona fide conservation use property; riverside or streamside land; local excise taxes; ceiling; exclusion.....................................HB 290 Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets .....................................................................HB 964 Hotel-motel tax; amend definitions.........................................................................HB 69 House Hotel-Motel Tax Study Committee; create................................................HR 404 Motor vehicle rentals; amend definitions................................................................HB 70 State excise tax on tobacco products; fund state Medicaid program CA ..........HR 229
EXXON, BP AMOCO, AND CHEVRON Commend for certain warning signs .....................................................................HR 569
EYE BANK OPERATORS; amend provisions........................................................HB 54
F
FAIR LENDING ACT Amend provisions .................................................................................................HB 142 Amend provisions ....................................................................................................SB 53 Financial institutions; comprehensive revision of provisions..................................SB 78 Points and fees; exclude funding fees for USDVA loans .....................................HB 146 Redefine points and fees; exclude certain fees .......................................................HB 82 Repeal....................................................................................................................HB 170
FAIRMONT RESTAURANT; commend ..............................................................HR 340
FAITH COLLABORATION DAY IN GEORGIA Recognize March 24, 2003 ...................................................................................HR 567
FALLIN, BRANDON; commend............................................................................HR 733
FAMILY (Also, see Domestic Relations) Domestic relations; temporary protective orders; duration ..................................HB 722 Domestic violence; protection of victims; protective orders .................................SB 293 Employment security; certain persons seeking part-time work............................HB 591 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123 Family violence battery; define conviction...........................................................HB 720 Family violence; mutual protective orders; revise prohibition .............................HB 799
Refer to numerical index for page numbers

INDEX

4089

Family Violence Shelter Confidentiality Act of 2003; penalties for disclosing information .................................................................................SB 147
Grandparents' visitation rights; amend provisions................................................HB 884 House Study Committee on Establishing a Family Day; create .............................HR 54 Juvenile proceedings; sibling group placement and visitation;
amend provisions ............................................................................................HB 1025 Superior court fees; interpreters; temporary protective order hearings ................HB 255 Violating family violence order; define offense; penalties...................................HB 812
FAMILY AND CHILDREN SERVICES Child abuse; certain sexual abuse; parent report ..................................................HB 241 Child abuse protocol; child fatality review committee; powers of panel .............HB 479 County director; serve in multiple counties..........................................................HB 866 Cruelty to children in second degree; nonmerger provision.................................HB 168 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt...........................................................HR 358 Juvenile proceedings; child placement orders; amend provisions.........................SB 236
FANNIN COUNTY Board of commissioners; staggered terms ............................................................HB 674 U. S. military personnel who served in Iraq; commend .......................................HR 933
FARMS AND FARMERS Ad valorem tax exemption; farm equipment in inventory for resale...................HB 527 Agriculture Commissioner; retention and use of moneys.....................................HB 569 Bona fide agricultural property; preferential assessment; additional forms CA ........................................................................................HR 21 Eggs; labeling information; expiration dates ........................................................HB 757 Eggs; labeling; provisions concerning expiration dates........................................HB 747 Employees' health insurance; agricultural commodity commission employees .........................................................................................................HB 147 Employees' health insurance plan; include agricultural commodity commission employees.....................................................................................HB 101 Farmland Protection Act; enact.............................................................................HB 822 Fraud; failure to pay for Christmas trees, pine needles, and horticultural crops.............................................................................................HB 108 Hog farming; fuel for certain purposes; sales tax exemption ...............................HB 425 Honeybees; inspection and registration of colonies; change provisions ..............HB 293 Motor vehicle license fees and classes; amend definitions.....................................HB 67 Peanut producers; marketing orders; required assenting votes.............................HB 174 Sales tax exemption; fuel for certain swine raising purposes ...............................HB 425 Sales tax exemption; liquid petroleum gas; horticultural purposes ......................HB 148 School Pesticide Act; enact; regulations.............................................................HB 1042

Refer to numerical index for page numbers

4090

INDEX

Structural pest control companies; insurance requirements..................................HB 307 Vidalia Onion Act; amend provisions...................................................................HB 798 Water resources; farm uses; water-measuring device...........................................HB 579 Water resources; ground water, surface water, river basins, wells;
state-wide water management plan...................................................................HB 237
FARRIS, JOE, JR.; commend.................................................................................HR 451
FEDERAL GOVERNMENT Ad valorem tax; motor vehicles; exempt veterans organizations .........................HB 626 Australia and Prime Minister John Howard; coalition efforts in Iraq; commend...........................................................................................................HR 573 Carter, Honorable James Earl "Jimmy", Jr.; commend and invite to House..........HR 30 Carter, Jimmy; 2002 Nobel Laureate for Peace; commend ..................................HR 682 Carter, President Jimmy; Nobel Laureate; address joint session..........................HR 545 Child support and driver's license applications; social security number or certification of non-eligibility ......................................................................HB 319 Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ...........................................................................HR 351 Correctional institutions; housing certain inmates; reimbursement......................HB 614 Cumberland Island; access to wilderness section; urge action to support ............HR 778 Denmark and Prime Minister Rasmussen; coalition efforts in Iraq; commend...........................................................................................................HR 571 Economic Development and Public Safety Act; enact .........................................HB 578 Education; Certified School Social Worker Specialists; salary increase..............HB 320 Electric transmission systems; proposed standard design; urge Federal Energy Regulatory Commission and Congress not adopt...................HR 399 Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ........................HR 564 Fair Lending Act; amend provisions.....................................................................HB 142 Fair Lending Act; points and fees; exclude funding fees for USDVA loans .......HB 146 Fair Lending Act; redefine points and fees; exclude certain fees...........................HB 82 Fair Lending Act; repeal .......................................................................................HB 170 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt...........................................................HR 358 Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction............................................................................HR 143 Foreign nations in coalition with U. S. in Iraq; commend....................................HR 572 Georgia Military Pension Fund; certain ordered active duty not a break in service .................................................................................................HB 461 Georgia Military Pension Fund; certain prior service; certain call to active duty.........................................................................................................HB 464

Refer to numerical index for page numbers

INDEX

4091

Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551
Health insurance identification cards; prohibit showing social security number ................................................................................................HB 721
High risk health insurance; urge officials seek certain federal grants ..................HR 561 Homeland security; urge president and Congress provide funding ......................HR 855 Human cloning; federal legislation banning; urge passage ..................................HR 617 Income tax credit; qualified child care expenses ..................................................HB 209 Iraq; postwar rebuilding; urge president and Congress include
African Americans............................................................................................HR 744 Iraq's cultural artifacts; looted and destroyed; urge U. S. restore
and preserve ......................................................................................................HR 779 Israel, State of; urge national support; declare Georgia support.............................HR 50 Joint Study Committee on Legislative and Congressional
Redistricting; create ..........................................................................................HR 408 Legislative and congressional reapportionment; specify
requirements; community of interest...................................................................SB 91 Local boards of education; certain benefits; authorize funds ...............................HB 328 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Minority business enterprises; certification procedures; amend provisions ..........SB 115 Missle defense system; declare support .................................................................SR 232 Motor vehicles; certain records; subject to Driver's Privacy Protection Act........HB 743 Nursing Home Provider Fee Act; enact ................................................................HB 526 Persons supervising children; criminal background checks; National
Crime Information Center ................................................................................HB 316 President Bush's 2003 Economic Growth and Tax Relief Plan;
urge congressional delegation work to pass ......................................................SR 226 Public institutions, schools, and sporting events; quiet reflection
period; urge Congress require...........................................................................HR 172 Public Revenue Code; conform to federal law .....................................................HB 181 Public Revenue Code; conform to federal law .....................................................HB 534 Public roads; allocation of state and federal funds; remove
MARTA provisions ...........................................................................................SB 127 Secretariat of the Free Trade Area of the Americas; urge location in Atlanta .....HR 566 Special license plates; United States flag..............................................................HB 473 Special U.S. flag license plate fees; certain education trust fund CA................HR 322 State and Local Tax Revision Act of 2003; enact...................................................HB 43 State bar applicants; submit fingerprints to FBI for check .....................................HB 90 State benefit plans; include employees of critical access hospitals,
federally qualified health centers, and community service boards...................HB 638 State capitol buildings; urge Federal Aviation Administration
restrict airspace .................................................................................................HR 148
Refer to numerical index for page numbers

4092

INDEX

State depositories; certain letters of credit to secure state funds ..........................HB 777 State excise tax on tobacco products; fund state Medicaid program CA ..........HR 229 State Sovereignty and Federal Tax Funds Act; enact ............................................... HB 3 Supplemental appropriation; Department of Labor ..............................................HB 647 Supplemental appropriation; Department of Labor ..............................................HB 735 Supreme Court; answer question of law from district court .................................HB 164 Taxable net income; exclude certain military pay ................................................HB 383 Teachers Retirement; certain non-public school service; credit ...........................HB 873 Teachers transferring from other states; certain exemption;
paraprofessionals and aides ..............................................................................HB 590 USA as Judeo-Christian nation; urge Congress reaffirm........................................HR 27 U. S. President and nation's armed forces; express support of House ....................HR 87 Veterans' health care; insure mandatory funding; memorialize Congress............HR 815 Voter Choice and Election Access Reform Act of 2003; enact............................HB 355 Workers' compensation; employee's medical treatment; disability; benefits ........SB 233 Zhou, Xuefei; imprisoned in China; urge United States Department
of State seek release..........................................................................................HR 624
FEDORCHUK, LAURA; commend .......................................................................HR 690
FERGUSON, MARTHA W.; commend.................................................................HR 637
FILMS, MOTION PICTURES, AND MOVIES Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets .....................................................................HB 964
FINANCIAL INSTITUTIONS Bad checks; damages; maximum service charge; mailing notices ........................SB 105 Check cashing businesses; licensure; change certain exemption .........................HB 680 Comprehensive revision of provisions.....................................................................SB 78 Deposit account fraud; maximum service charge; increase...................................SB 104 Disclosure of certain information; consumer's consent required..........................HB 184 House Study Committee on Lending and Financial Services; create ...................HR 703
FINCHER, ELIZABETH "LIZ"; commend...........................................................HR 13
FINES AND FORFEITURES Certain traffic fines; pay to state treasury .............................................................HB 102 Civil filings and criminal fines; additional charges; repeal certain charges .........HB 869 Driving under the influence; additional penalties; victim compensation awards..........................................................................................HB 20 Peace Officer and Prosecutor Training Fund; receipts and appropriations; accounting provisions.................................................................SB 46

Refer to numerical index for page numbers

INDEX

4093

FINLEY, ARTHUR J.; commend...........................................................................HR 794
FIRE PROTECTION AND SAFETY Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Children of certain officers; tuition-free college; General Assembly provide by law CA...........................................................................................HR 26 Children of deceased POST officers; urge free college tuition ..............................HR 23 Emergency management; unified incident command system; provisions.............SB 243 Fire departments and firefighters; standards and certification; Firefighter Standards and Training Council ......................................................SB 169 Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction............................................................................HR 143 Firefighters' Pension; reemployment of retired firefighters..................................HB 809 Fireworks; pyrotechnics displays; licensure and regulations.................................SB 213 Income tax deduction; subscriptions paid for fire protection ...............................HB 351 Sales tax exemption; certain sales to volunteer fire departments .........................HB 358 State fire marshal; law enforcement personnel and powers...................................SB 345 Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding ...............................SB 333 Volunteer firemen injured in line of duty; disability compensation .....................HB 166
FIREARMS Carrying weapon to public gathering; exception to prohibition .............................HB 30 Carrying weapon without license; prohibit; exception to prohibition ................HB 1010 Certain unauthorized possession; affirmative defense..........................................HB 397 Emergencies; repeal certain power of governor ...................................................HB 411 Gun-free zones; certain injuries; liability................................................................HB 31 Handguns; license fees; exempt law enforcement officers...................................HB 499 License to carry pistol; law enforcement officer; no fee ......................................HB 870 Loaded firearm in private vehicle; repeal certain provisions................................HB 113 Street gangs; prohibited activity; punishment provisions.....................................HB 381 Weapons; unauthorized possession; affirmative defense .....................................HB 193
FIREFIGHTERS' RECOGNITION DAY; recognize February 4, 2003 .............HR 116
FISH AND FISHING (Also, see Game and Fish) Hunting and fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations ..................................HB 815
FITTS, JAMES CLYNTON "DINKY", SR.; condolences ..................................HR 348
FLAG (See State Symbols)

Refer to numerical index for page numbers

4094

INDEX

FLETCHER, ABBY; 4-H honoree; commend........................................................HR 183
FLOCK, LINDA; commend ....................................................................................HR 339
FLORIDA, STATE OF Joint development authorities; county of this state and contiguous county of Florida; sports facility or amphitheater ............................................HB 309
FLOYD COUNTY; grant easements ........................................................................SR 120
FOGARTY, SISTER MARY PHILOMENA; condolences .................................HR 672
FOOD Ad valorem tax; bona fide conservation use property; riverside or streamside land; local excise taxes; ceiling; exclusions ...................................HB 290 Agriculture; certain Dairy Act penalty; delete provisions ......................................SB 14 Eggs; labeling provisions; expiration dates ..........................................................HB 747 Eggs; labeling provisions; expiration dates ..........................................................HB 757 Establishments; serving tea; requirements............................................................HB 819 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt...........................................................HR 358 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations...........................SB 183 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund.........................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment CA ...............................................................................HR 108 Sales tax; phased-in exemption; food and beverages in vending machines .........HB 481
FORD MOTOR COMPANY Commend on 100th anniversary ............................................................................HR 419 Commend on 100th anniversary ............................................................................HR 853
FORECLOSURE Tax sales; redemption of property; personal service of certain notice .................HB 654
FOREIGN GOVERNMENTS Australia and Prime Minister John Howard; coalition efforts in Iraq; commend...........................................................................................................HR 573 Denmark and Prime Minister Rasmussen; coalition efforts in Iraq; commend...........................................................................................................HR 571 Economic Development and Public Safety Act; enact .........................................HB 578 Foreign nations in coalition with U. S. in Iraq; commend....................................HR 572

Refer to numerical index for page numbers

INDEX

4095

International Affairs Coordinating Council; create ..............................................HB 324 Iraq; postwar rebuilding; urge president and Congress include
African Americans............................................................................................HR 744 Iraq's cultural artifacts; looted and destroyed; urge U. S. restore
and preserve ......................................................................................................HR 779 Israel, State of; urge national support; declare Georgia support.............................HR 50 Secretariat of the Free Trade Area of the Americas; urge location in Atlanta .....HR 566 Secretary of State; director of protocol and international affairs;
create position...................................................................................................HB 458 Zhou, Xuefei; imprisoned in China; urge United States Department
of State seek release..........................................................................................HR 624
FOREST RESOURCES Income tax credit; qualified reforestation expenses..............................................HB 540 State licensing board; reduce number of members ...............................................HB 597 Timber harvesting operations; local regulation; limitations .................................HB 724 Timber harvesting operations; local regulation; limit effect.................................HB 672 Timber harvesting operations; local regulatory authority......................................SB 207 Timber harvesting; regulatory authority of counties and municipalities; limitations ................................................................................HB 244
FORFEITURE OF PROPERTY (See Fines and Forfeitures)
FORGERY AND FRAUD Deposit account fraud; maximum service charge; increase...................................SB 104 Fraud; failure to pay for Christmas trees, pine needles, and horticultural crops.............................................................................................HB 108 Insurance fraud; sales of coverage for unauthorized insurer; filing false material statement...........................................................................HB 598 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 RICO Act; redefine racketeering activity; include insurance fraud......................HB 236
FORSYTH COUNTY Board of registrations and elections; chairperson's compensation .......................HB 932 Grant easements .....................................................................................................SR 120 Magistrate court; chief magistrate.........................................................................HB 451
FORT GORDON; commend ...................................................................................HR 686
FORT OGLETHORPE Veteran's History Day and 103rd annual reunion of the 6th United States Cavalry; recognize .....................................................................HR 826

Refer to numerical index for page numbers

4096

INDEX

FOX THEATER AND CITY OF ATLANTA; commend ....................................HR 219
FRANCHISES Accident and sickness insurance; franchise group plan; provisions.....................HB 619 Motor vehicle franchises; warranty reimbursement agreements; enforcement ....HB 581
FRANKLIN COUNTY County attorney provisions; commission meetings ...............................................SB 290 Probate judge and chief magistrate; nonpartisan elections ....................................SB 289
FRASER, TAMMY; commend ...............................................................................HR 283
FRAUD (See Forgery And Fraud)
FRED EMORY SMITH MEMORIAL BRIDGE Designate...............................................................................................................HR 590 Designate................................................................................................................SR 150
FREE AND ACCEPTED MASONS OF GEORGIA AND THE ORDER OF THE EASTERN STAR; invite members to House...............HR 95
FREUND, STEVEN; commend...............................................................................HR 487
FRICKS, SANDRA; commend ...............................................................................HR 488
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Annexation; repeal certain limitation....................................................................HB 906 Certain recreational programs; repeal constitutional amendment authorizing ......SB 197 Convey property.....................................................................................................SR 121 Homestead exemption; senior citizens...................................................................SB 142 Homestead exemption; base year assessed value .................................................HB 928 Homestead exemption; base year assessed value .................................................HB 929 House Sandy Springs Study Committee; create ...................................................HR 603 Judicial Retirement; Fulton County State Court judges; membership..................HB 441 Library system; specify name; membership ..........................................................SB 231 Magistrates; increase number................................................................................HB 445 Sandy Springs, City of; incorporate......................................................................HB 150 Sandy Springs, City of; incorporate; new charter .................................................HB 969 School Employees Pension; cost-of-living increases............................................HB 975 State court; additional judge .................................................................................HB 446

Refer to numerical index for page numbers

INDEX

4097

FUNERAL DIRECTORS AND EMBALMERS State licensing board; reduce number of members ...............................................HB 597
FUTURE BUSINESS LEADERS OF AMERICA - PHI BETA LAMBDA AND ACADEMY OF RICHMOND COUNTY MEMBERS; commend .......HR 270
FUTURE EDUATORS OF AMERICA; commend ..............................................HR 210
FUTURE FARMERS OF AMERICA; recognize 75th anniversary .....................HR 125

G

GAE LEGISLATIVE CONFERENCE DAY; recognize February 17, 2003.......HR 208
GAINES, HONORABLE JOSEPH J.; commend .................................................HR 597
GAINESVILLE, CITY OF Education districts; reapportion ............................................................................HB 983 Girls basketball team; invite to House ..................................................................HR 400 Red elephants baseball team; commend ...............................................................HR 140 Red elephants baseball team; commend seniors ...................................................HR 124
GAINEY, WENDELL CULLEN; condolences .....................................................HR 365
GALLMAN, ALEX; commend ...............................................................................HR 837
GAMALIEL HILSON MEMORIAL OVERPASS; designate ............................HR 406
GAMBLING House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547
GAME AND FISH Deer hunting; closed and open seasons, bag limits, and antler restrictions; amend provisions ...........................................................................SB 317 Hunting; alligators and certain other wildlife; amend regulations........................HB 814 Hunting; amend provisions; commercial deer hunting preserves.........................HB 247 Hunting and fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations ..................................................HB 815 Hunting deer with dogs; permits; prohibition .......................................................HB 845 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158
Refer to numerical index for page numbers

4098

INDEX

OCGA; conform references to House and Senate committee names ...................HB 846 Permits to kill certain deer; authorize .....................................................................HB 80 Wild animal permit; exempt Bengal cat ...............................................................HB 227
GANGS (See Street Gangs)
GANTT, JANICE A.; commend .............................................................................HR 139
GARNISHMENT Exemption of certain pension funds; additional exemption ..................................... HB 6 Filing costs or fees; prohibit multiple payments...................................................HB 758
GAS, GASOLINE, AND GAS SERVICE BP Amoco, Exxon, and Chevron; commend for certain warning signs ...............HR 569 Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems ................................................................................HB 327 Electric, natural gas, and local phone companies; payment centers .....................HB 311 Gasoline dealers; registration; amend provisions .................................................HB 111 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 Income tax; credit for premium energy efficient appliances ................................HB 564 Natural gas competition and deregulation; regulated providers; amend provisions ..............................................................................................HB 889 Public Service Commission; authority to regulate rates; pilot project ...................HB 50 Retail gasoline dealers; post certain warning signs ..............................................HB 388 Revenue bonds; redefine undertaking; remove certain referendum requirement....................................................................................HB 689 Sales tax exemption; certain gas for production of electricity..............................HB 202 Sales tax exemption; fuel for certain swine raising purposes ...............................HB 425 Sales tax exemption; liquefied gas; horticultural purposes.....................................HB 96 Sales tax exemption; liquid petroleum gas; horticultural purposes ......................HB 148 War on Terrorism Local Assistance Act; enact; revenue bonds; gas facilities..............................................................................................SB 87
GAULDEN, LILLIE BELL; commend..................................................................HR 808
GELBRICH, PETER; commend ............................................................................HR 141
GENERAL ASSEMBLY Adjournment; adjourn 1/17/2003; reconvene 1/27/2003; remainder of session; adjourn each Friday; reconvene each Monday................HR 31 Adjournment; adjourn 2/4/2003; reconvene 2/10/2003; remainder of session; adjourn each Friday; reconvene each Monday .................................HR 91

Refer to numerical index for page numbers

INDEX

4099

Adjournment; adjourn 2/18/2003; reconvene 2/26/2003; remainder of session; adjourn each Friday; reconvene each Monday ................................SR 110
Adjournment; adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/27/2003; reconvene 3/31/2003; adjourn 4/3/2003; reconvene 4/7/2003; adjourn 4/10/2003; reconvene 4/14/2003; adjourn 4/14/2003; reconvene 4/16/2003; adjourn sine die ..........................................HR 360
Adjournment; adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/27/2003; reconvene 3/31/2003; adjourn 4/3/2003; reconvene 4/7/2003; adjourn 4/10/2003; reconvene 4/14/2003; adjourn 4/14/2003; reconvene 4/16/2003; adjourn sine die ...........................................SR 233
Adjournment; adjourn 3/6/2003; reconvene 3/24/2003; adjourn 3/28/2003; reconvene 4/7/2003; adjourn 4/11/2003; reconvene 4/14/2003; adjourn 4/16/2003; reconvene 4/18/2003; adjourn sine die............SR 242
Adjournment; adjourn 4/14/2003; reconvene 4/17/2003; adjourn 4/17/2003; reconvene 4/22/2003; adjourn 4/22/2003; reconvene 4/24/2003; adjourn sine die ...............................................................................SR 441
Adjournment; adjourn 4/22/2003; reconvene 4/25/2003; adjourn sine die ..........HR 847 Budget; eliminate continuation budget report; zero-base budgeting ....................HB 203 Budget; eliminate continuation budget report; zero-base budgeting .........................SB 8 Carter, President Jimmy; Nobel Laureate; address joint session..........................HR 545 Code of ethics for government service; lobbying, nepotism, gifts,
campaign contributions; comprehensive revision of provisions .......................SB 108 Convention on the Elimination of All Forms of Discrimination
Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ...........................................................................HR 351 Elected officials; party affiliation; certain prohibition CA ..................................HR 89 Elected officials; prohibit party affiliation change; exception CA ....................HR 355 Eligibility to prefile bills and resolutions..............................................................HB 629 Ethics; disposition of excess campaign contributions .............................................SB 82 Ethics in government; comprehensive reforms......................................................SB 168 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31 Fiscal Note Act; certain bills; require statement upon introduction .......................HB 10 General appropriations; FY 2003-2004 ................................................................HB 120 General appropriations; FY 2003-2004 ................................................................HB 122 General appropriations; restrict amendments increasing CA ............................HR 376 General Assembly and Lieutenant Governor; temporary reduction in salary .........SB 76 General Assembly, Lt. Governor, House Speaker; term limits CA...................HR 354 General Assembly Training Institute; appointment of members............................HB 57 Georgia Capital Punishment Study Commission; create ......................................HR 546 Improvement of the HOPE Scholarship Joint Study Commission; create ............SR 220 Inmate transfers; limitations on requests ..............................................................HB 741 Interstate cooperation; include Southern Legislative Conference ........................HB 794 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create......HR 264

Refer to numerical index for page numbers

4100

INDEX

Joint MARTA Finance Study Committee; create .................................................HR 147 Joint MARTA Finance Study Committee; create .................................................HR 397 Joint Mold Standards Study Committee; create......................................................HR 52 Joint session; Governor's message ..........................................................................HR 12 Joint session; inauguration of Governor and Lieutenant Governor ...........................SR 3 Joint session; message from Chief Justice of Supreme Court ................................HR 32 Joint session; message from Governor; invite justices and appellate judges ..........SR 20 Joint Study Committee on Certified Professional Midwifery; create...................HR 227 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Joint Study Committee on Legislative and Congressional
Redistricting; create ..........................................................................................HR 408 Joint Study Committee on Location of Electric Transmission Lines; create.........SR 308 Joint Study Committee on Prescription Drugs for Seniors; create ..........................SR 55 Joint Study Committee on State Government Decentralization; create..................HR 24 Joint Study Committee on State Retirement Plan Options; create ........................SR 107 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create .......HR 529 Legislative and congressional reapportionment; specify requirements;
community of interest ..........................................................................................SB 91 Legislative Retirement; General Assembly; membership; prior service ..............HB 300 Lobbying practices; state government; prohibit public funds.................................HB 15 Members; annual salaries; reduce 5 percent .........................................................HB 192 Members; salary; four equal monthly payments...................................................HB 897 OCGA; conform references to House and Senate committee names ...................HB 846 Public initiative referendums; provisions CA......................................................HR 44 Public officials; decrease in salary........................................................................HB 568 Public transportation; corporation or authority; General Assembly
create CA .......................................................................................................HR 818 Reapportionment by independent commission CA .............................................HR 67 Residential real property; freeze values; ad valorem tax; assess
at acquisition date value CA .............................................................................. HR 2 Salaries of certain state officials; 10 percent reduction ........................................HB 222 State and nonprofit contractors; legislative oversight panels .................................HB 98 State property; naming for elected public official; amend provisions....................HB 17 State property; restrictions on naming or renaming for public officials..................SB 73 State Sovereignty and Federal Tax Funds Act; enact ............................................... HB 3 Subsequent Injury Trust Fund Joint Study Committee; create .............................HB 263 Supplemental appropriation; Department of Labor ..............................................HB 647 Supplemental appropriation; Department of Labor ..............................................HB 735 Supplemental appropriations; FY 2002-2003 .......................................................HB 115 Supplemental appropriations; FY 2002-2003 .......................................................HB 121 Supplemental appropriations; FY 2002-2003; Department of Corrections..........HB 119 Unemployment Insurance Trust Fund Joint Study Committee; create..................SR 234

Refer to numerical index for page numbers

INDEX

4101

GENERAL PROVISIONS, OCGA Code of Georgia; corrections ................................................................................HB 104 Conform references to House and Senate committee names................................HB 846 Elections Code; corrections ..................................................................................HB 105 Nondiscrimination Act of 2003; enact ..................................................................HB 885 Retirement and Pensions Code; corrections..........................................................HB 103
GEOLOGISTS Health; sewage management systems; soil reports; soil classifiers and other professionals ......................................................................................SB 129 State licensing board; reduce number of members ...............................................HB 597
GEORGIA AFRICA SOCIETY OF THE NATIONAL SUMMIT ON AFRICA; commend ....................................................................HR 863
GEORGIA AGRI-LEADERS FORUM APPRECIATION DAY Recognize February 25, 2003 ...............................................................................HR 222
GEORGIA BUILDING AUTHORITY State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards ............................................HB 127 State capitol buildings; urge Federal Aviation Administration restrict airspace .................................................................................................HR 148
GEORGIA BUREAU OF INVESTIGATION (GBI) Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants................................................................HB 140 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth activities .........................................SB 198 Death investigations; regional medical examiner; redefine...................................SB 214 Employees' Retirement; certain law enforcement personnel; amend provisions ................................................................................................HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit..............................................................................HB 426 Employees' Retirement; certain public safety personnel; enhanced benefit.........HB 548 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123 First offenders; records disclosure when applying for certain employment............SB 22 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158

Refer to numerical index for page numbers

4102

INDEX

State and Local Tax Revision Act of 2003; enact...................................................HB 43 State bar applicants; submission of fingerprints to GBI and FBI for
criminal records check........................................................................................HB 90
GEORGIA FARM BUREAU FEDERATION Commend and invite president to House ................................................................HR 56
GEORGIA HEALTHCARE VOLUNTEER DAY; recognize May 28, 2003 .....HR 716
GEORGIA HISPANIC NETWORK, INC.; commend.........................................HR 764
GEORGIA HOSPITAL INSURANCE AUTHORITY ACT; enact ...................HB 776
GEORGIA KRAFT-INLAND RETIREES; commend ........................................HR 581
GEORGIA MILITARY PENSION FUND Certain ordered active duty not a break in service................................................HB 461 Certain prior service; certain call to active duty ...................................................HB 464
GEORGIA MUSEUM OF NATURAL HISTORY Recognize 25th anniversary ..................................................................................HR 651
GEORGIA PEACH FESTIVAL; commend..........................................................HR 200
GEORGIA RECREATION AND PARKS ASSOCIATION Invite representatives to House .............................................................................HR 180
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Public roads and Georgia Regional Transportation Authority; repeal allocation of funds .................................................................................HB 212
GEORGIA STORYTELLING WEEK; recognize November 16-22, 2003 .........HR 373
GEORGIA URBAN AGRICULTURAL INDUSTRY; commend.........................HR 34
GEORGIA WORLD CONGRESS CENTER Geo. L. Smith II Georgia World Congress Center Overview Committee; additional members.......................................................................HB 225
GIDEON, JUNIA HAMPTON; commend.............................................................HR 632
GILBERT, BLAKE; commend ...............................................................................HR 734

Refer to numerical index for page numbers

INDEX

4103

GILBERT, JUDY; commend ..................................................................................HR 510
GILLIS, HONORABLE HUGH; communications ...................................Pages 323, 324
GILMER COUNTY Ellijay-Gilmer County; water and sewerage authority; members.........................HB 795 U. S. military personnel who served in Iraq; commend .......................................HR 935
GILMORE, JAMES C. (JIM); condolences ..........................................................HR 782
GIORGIO, DR. DOUGLAS J., JR. President, Georgia Dental Association; commend ...............................................HR 878
GIVENS, ROSA; commend.....................................................................................HR 807
GLAZE, CLAUDE RAMSDEN; condolences .......................................................HR 754
GLENN HILLS ELEMENTARY SCHOOL FIFTH GRADE BALLROOM DANCERS; recognize.................................................................HR 287
GLOVER, JOHN THOMAS, JR.; condolences ....................................................HR 646
GLOVER, ROBERT H.; commend........................................................................HR 839
GLYNN COUNTY Board of education; amend provisions..................................................................HB 391 Community improvement district; create .............................................................HB 523 Grant easements .....................................................................................................SR 120 Sheriff's office; appointment of undersheriff ........................................................HB 512
GLYNN COUNTY PUBLIC SCHOOLS GOLDEN RULE AWARD WINNERS 2002-2003; commend.......................................................HR 685
GOLDSMITH, GAIL; commend............................................................................HR 454
GOLDWIRE, FRANKLIN; commend ...................................................................HR 428
GONZALEZ, HAZEL DRAKE; commend ...........................................................HR 642
GORDON, CITY OF; removal of city officer; required votes ...............................HB 971
GORDON COUNTY U. S. military personnel who served in Iraq; commend .......................................HR 931

Refer to numerical index for page numbers

4104

INDEX

GOVERNOR Budget; eliminate continuation budget report; zero-base budgeting ....................HB 203 Budget; eliminate continuation budget report; zero-base budgeting .........................SB 8 Communication; veto message ...............................................................................Page 2 Continuation budget reports; agencies justify programs ......................................HB 875 Cosmetic dental coverings; urge removal of unlicensed providers ......................HR 228 Election fraud; information leading to arrest; reward.............................................HB 14 Emergencies; firearms; repeal certain power of governor ....................................HB 411 Ethics in government; amend provisions ..............................................................HB 771 Ethics in government; comprehensive reforms......................................................SB 168 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................SB 109 Invite to House ......................................................................................................HR 913 Joint session; message from Governor; invite justices and appellate judges ..........SR 20 Judicial vacancies; appointment by governor; prohibition; exemption ................HB 675 Lobbying practices; state government; prohibit public funds.................................HB 15 Perpetrators of felonies; local government rewards; remove limitation...............HB 359 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina .........................................................SR 240 State purchasing; budget emergency; Governor reduce costs ..............................HB 571
GRADY COUNTY; probate court judge; nonpartisan election ...............................SB 368
GRADY GENERAL HOSPITAL; commend ........................................................HR 823
GRAFFITI Compensation to property owners; local governments establish programs...........SB 312 Compensation to property owners; use of inmate labor to remove graffiti from private property.............................................................................SB 313 Inmate labor; removing graffiti from certain private property; victim compensation.........................................................................................HB 144
GRANTS Compensation to property owners; local governments establish programs...........SB 312 High risk health insurance; urge officials seek certain federal grants ..................HR 561 Historic preservation grants program; combat veterans' gravesites.......................SB 291 Homeowner tax relief grants; alternative uses CA ............................................HR 258 HOPE scholarships; private colleges; certain part-time eligibility.......................HB 341 House Special Grants Study Committee; create .....................................................HR 48 Local government budgets and audits; grant certification; amend provisions .....HB 561 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund.........................................................................HB 258

Refer to numerical index for page numbers

INDEX

4105

Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment CA ...............................................................................HR 108
Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342
GRAY, MRS. JEANIE; commend..........................................................................HR 326
GRAYSON, DR. AND MRS. JOHN THOMAS; commend.................................HR 712
GRAYSON, F. NORMAN; commend ....................................................................HR 435
GREATER JORDAN CHAPEL AFRICAN METHODIST EPISCOPAL CHURCH AND REV. RONALD L. SLAUGHTER; commend......................HR 851
GREENE COUNTY Homestead exemption; certain residents.................................................................HB 42 Homestead exemption; certain residents.................................................................HB 44 Law Enforcement Museum and Hall of Fame; support creation..........................HR 681
GREENSBORO, CITY OF Law Enforcement Museum and Hall of Fame; support creation..........................HR 681
GREGORY, CARLA; commend ............................................................................HR 511
GRESHAM PARK 12 YEAR OLD TIGERS BASEBALL TEAM; invite to House ........................................................................................HR 142
GRIFFIN, GAYLE; commend ................................................................................HR 641
GRIFFIN HIGH SCHOOL BEARS BASKETBALL TEAM Invite team and its coach to appear before the House of Representatives............HR 526
GUARDIAN AND WARD Adoption; prohibit the sale or offer for sale of a child by parent or guardian .......SB 281 Comprehensive rewrite of provisions ...................................................................HB 229 Drivers' licenses; young drivers; amend provisions..............................................HB 124 Guardian ad litem; civil liability; qualified immunity ..........................................HB 264 Guardian ad litem; liability for damages; immunity................................................SB 44 Mentally retarded; habilitation; designated representatives; guardian ad litem ..............................................................................................HB 931 Minors; employment; written permission of parent or guardian ............................HB 13
GUNTER, TERRY; commend ................................................................................HR 512
Refer to numerical index for page numbers

4106

INDEX

GUYTON, CITY OF; 25th Annual Tour of Homes and Festival; commend .........HR 661
GWINNETT COUNTY MARTA; certain board members; voting power ..................................................HB 745 Sheriff's office; vacancy.........................................................................................SB 154
GWINNETT COUNTY ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INC. DAY; recognize March 8, 2003 .............HR 255
GWINNETT JUDICIAL CIRCUIT; add judge ....................................................HB 282

H

HABERSHAM COUNTY; grant easements............................................................SR 120 HALEY, JOHNATHAN N.; invite to House..........................................................HR 113 HALL COUNTY
Grant easement.......................................................................................................SR 120 State court; add judge............................................................................................HB 836 U. S. military personnel who served in Iraq; commend .......................................HR 938 HALL, ALEXANDER JAMES; commend ............................................................HR 582 HALL-BRENNAN, DR. HAZEL; commend .........................................................HR 297 HALL, ERIC BRIAN; condolences ........................................................................HR 382 HALL, HUGH DON; condolences..........................................................................HR 164 HALL, TERESA; commend....................................................................................HR 790 HALLMAN, RANDY E.; commend .......................................................................HR 696 HALO, SANO THEMIA AND THEA; commend.................................................HR 109 HAMILTON COUNTY, TENNESSEE; grant easement .......................................SR 120 HAMMACK, HEIDI; 4-H honoree; commend.......................................................HR 167 HAMPTON, ADDIE; commend .............................................................................HR 836
Refer to numerical index for page numbers

INDEX

4107

HAMPTON, CITY OF Elected officials serving on boards; repeal prohibition ........................................HB 856 Public facilities authority; create...........................................................................HB 857
HANDICAPPED PERSONS Adult Day Center for Aging Adults Licensure Act; enact....................................HB 318 Advisory committee on hearing in newborn infants; continuation.......................HB 760 Assistance dogs; interfering with, assaulting, killing; penalties ...........................HB 211 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth.........................................................SB 198 Disabled adults and elder persons; penalties for abuse, neglect, and exploitation of ...............................................................................................SB 12 Disabled persons; identification cards and parking; include persons age 85 or above.................................................................................................HB 793 Drivers' licenses and identification cards; prohibit fingerprinting........................HB 490 Education; deaf students; certification of interpreters ..........................................HB 295 Employees' Retirement; disability benefits; maximum compensation ...............HB 1034 Eye bank operators; amend provisions ...................................................................HB 54 First offenders; records disclosure when applying for certain employment............SB 22 Guardian and ward; comprehensive rewrite of provisions ...................................HB 229 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 Hearing Aid Dealers and Dispensers, State Board; reduce number of members ..........................................................................................HB 597 House Study Committee on Adapted Athletics; create.........................................HR 743 House Study Committee on the Hearing Impaired; create ...................................HR 745 Independence Plus Act; enact ...............................................................................HB 701 Industries for the Blind; manufactured products; purchase by state employees; exception ...............................................................................HB 256 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates........................................................................................HB 428 Intellectually disabled health and fitness program; special plates CA ..............HR 225 License plates; disabled veteran; vehicle owned by certain trust .........................HB 611 Medical education and physician workforce; provisions........................................HB 56 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Nondiscrimination Act of 2003; enact ..................................................................HB 885 Parking permits; certain transporters of persons with disabilities ........................HB 613 Special license plates for persons with disabilities; include disabled parent.........SB 301 Subsequent Injury Trust Fund Joint Study Committee; create .............................HR 263 Volunteer firemen injured in line of duty; disability compensation .....................HB 166
HANKERSON, DAVID; commend ........................................................................HR 359
HARALSON, CITY OF; new charter ......................................................................SB 388

Refer to numerical index for page numbers

4108

INDEX

HAROLD MANN MEMORIAL INTERCHANGE; designate .............................HR 81
HARPER, SHIRLEY ANN AND MAX; commend ..............................................HR 825
HARPER, SUSAN; commend .................................................................................HR 513
HARPER, TINA M. Commend ................................................................................................................HR 73 Commend ................................................................................................................HR 83
HARRIS COUNTY; board of education; nonpartisan elections .............................HB 765
HARRIS, DORIS J.; commend ...............................................................................HR 482
HARRIS, EARL D.; condolences............................................................................HR 633
HART COUNTY Board of education members; compensation .........................................................SB 252 Commissioner districts; reapportion .....................................................................HB 921 Education districts; reapportion ............................................................................HB 920 Probate judge; chief magistrate; nonpartisan elections..........................................SB 332
HART COUNTY'S SESQUICENTENNIAL; celebrate.......................................HR 884
HARTWELL SERVICE LEAGUE; commend .....................................................HR 881
HASLBAUER, ANNA; commend...........................................................................HR 514
HAWKINS, ELNORA R.; commend .....................................................................HR 724
HAWKINS, JOSEPH HENRY; commend ............................................................HR 725
HAYES, ALLEN; commend....................................................................................HR 738
HAYES, NAVY HOSPITAL CORPSMAN EUTICA L.; commend...................HR 710
HAYWOOD, R. ALLEN AND THE SPARTA ISHMAELITE; commend .......HR 534
HAZARDOUS SUBSTANCES Ad valorem tax; preferential assessment; environmentally contaminated (brownfield) property.................................................................HB 531 Environmental policy; regulatory decisions; publication requirements ................SB 172

Refer to numerical index for page numbers

INDEX

4109

HEALTH Accident and sickness insurance; group policies; infertility coverage ...............HB 1012 Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adoptions and vital records; amend provisions ....................................................SB 192 Adoptions; name change of office; amend provisions..........................................HB 176 Advisory committee on hearing in newborn infants; continuation.......................HB 760 Air ambulance services; licensure and regulation......................................................SB 7 Automated external defibrillators; registration with Department of Human Resources ..............................................................................................SB 265 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Baby's Right to Know Act; enact............................................................................HB 18 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ..............................................................SR 35 Children and youth; day-care employees; require first aid and CPR training ......HB 977 Colleges; meningococcal meningitis; vaccination or signed waiver ....................HB 199 Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 College students; vaccination against meningococcal meningitis ........................SB 266 Commission on Men's Health; presiding officer; term ...........................................HB 45 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 Contact lenses; comprehensive revision of provisions .........................................HB 634 Contact lenses; sales or dispensing; comprehensive revision of provisions.........HB 981 County and municipal hospital authorities; certain financial aid; critical personnel shortages ..............................................................................HB 372 Dentists; mercury amalgam fillings; prohibit certain usage .................................HB 442 Education; elementary and middle school students; daily break ........................HB 1013 Emergency management; unified incident command system; provisions.............SB 243 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Employees' Retirement; certain members; credit for qualified prior service .......HB 439 Environmental policy; regulatory decisions; publication requirements ................SB 172 Eye bank operators; amend provisions ...................................................................HB 54 Faith-based services to people in need; public money to fund CA.........................SR 1 Georgia Health Care Act; enact ............................................................................HB 130 Guardian and ward; comprehensive rewrite of provisions ...................................HB 229 Health insurance; covered benefits; off-label prescription drugs ............................SB 96 Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies.......................HR 701 High risk health insurance; urge officials seek certain federal grants ..................HR 561 Hospital Insurance Authority Act; enact...............................................................HB 776 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................................HR 819

Refer to numerical index for page numbers

4110

INDEX

House Study Committee on the Development and Expansion of Community Health Centers; create...................................................................HR 680
Human cloning; federal legislation banning; urge passage ..................................HR 617 Independence Plus Act; enact ...............................................................................HB 701 Intellectually Disabled Health and Fitness Program Fund; establish;
special license plates.........................................................................................HB 428 Joint Mold Standards Study Committee; create......................................................HR 52 Joint Study Committee on Prescription Drugs for Seniors; create ..........................SR 55 Marriage licenses; testing for syphilis; repeal requirements..................................SB 190 Medical education and physician workforce; provisions........................................HB 56 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Micropigmentation practitioners; licensure ..........................................................HB 797 Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge
Department of Community Health correct regulation......................................HR 619 Nursing Home Provider Fee Act; enact ................................................................HB 526 OCGA; conform references to House and Senate committee names ...................HB 846 On-site sewage management systems; Department of Human
Resources adopt statewide regulations .............................................................HB 992 Patient Safe Prescription Drug Act; enact; regulate electronically
transmitted data; patient's choice of retail pharmacy ........................................SB 179 Prescription drugs by mail; enrollees in HMO health benefit plans......................SB 145 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ...................................................................HB 717 Reckless conduct against peace or correctional officer; HIV or
hepatitis infected person ...................................................................................HB 711 Reckless conduct; certain assault by person infected with HIV
or hepatitis; endangering peace or correctional officers......................................SB 20 Senate Bill 23; urge consideration by House ........................................................HR 722 Septic tank waste; counties provide for disposal ..................................................HB 951 Sewage holding tanks; commercial waste; regulation ..........................................HB 487 Sewage management systems; soil reports; soil classifiers and
other professionals .............................................................................................SB 129 Special license plates; AIDS Survival Project ......................................................HB 593 Spending Account and Consumer Driven Health Plan
Advancement Act; enact ...................................................................................SB 329 State employees; consumer driven health plan option; provisions........................SB 344 State employees; payroll deductions; Higher Education Savings
Plan; certain inclusion in defined contribution plan.........................................HB 424 State health planning; ambulatory surgical facilities ............................................HB 791 Surgical or medical treatment; mental patients; representative give consent .......HB 700 Torts; federal smallpox vaccination program; hospital employees
and health care providers and workers; immunity.............................................SB 336

Refer to numerical index for page numbers

INDEX

4111

Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding ...............................SB 333
Veterans' health care; insure mandatory funding; memorialize Congress............HR 815
HEALTH CARE PLANS Accident and sickness insurance; franchise group plan; provisions.....................HB 619 Accident and sickness insurance; group policies; infertility coverage ...............HB 1012 Consumer Choice of Benefits Health Insurance Plan Act; enact .........................HB 806 Flexible Health Benefit Plan Act; enact................................................................HB 972 Georgia Health Care Act; enact ............................................................................HB 130 Health insurance; state employees no longer covered by federal insurance plan ....................................................................................................SB 282 Health maintenance organizations; mental disorders; point-of-service options ....................................................................................HB 145 Income tax credit; qualified health insurance expenses........................................HB 518 Managed health care plans; right to independent review; include state employees.................................................................................................HB 697 Prescription drugs by mail; enrollees in HMO health benefit plans......................SB 145 State employees; consumer driven health plan option; provisions........................SB 344 Taxable net income; exclude amount paid for health insurance...........................HB 454 Veterans' health care; insure mandatory funding; memorialize Congress............HR 815
HEALTH INSURANCE Accident and sickness insurance; franchise group plan; provisions.....................HB 619 Accident and sickness insurance; group policies; infertility coverage ...............HB 1012 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Consumer Choice of Benefits Health Insurance Plan Act; enact .........................HB 806 Economic Development and Fiscal Accountability Act; enact ............................HB 860 Flexible Health Benefit Plan Act; enact................................................................HB 972 Health benefits; failure to pay; penalty not applicable to cap...............................HB 220 Health benefits; failure to pay; penalty not applicable to cap...............................HB 259 Health insurance; covered benefits; off-label prescription drugs ............................SB 96 Health insurance identification cards; prohibit showing social security number ................................................................................................HB 721 Health Insurance Risk Pool; create; alternative mechanism coverage ...............HB 1038 Health maintenance organizations; mental disorders; point-of-service options ....................................................................................HB 145 High risk health insurance; urge officials seek certain federal grants ..................HR 561 House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create .........................................HR 588 House Study Committee on Long-term Care Insurance; create ...........................HR 334 Income tax credit; qualified health insurance expenses........................................HB 252
Refer to numerical index for page numbers

4112

INDEX

Income tax credit; qualified health insurance expenses........................................HB 518 Independence Plus Act; enact ...............................................................................HB 701 Insurance; health care claims; expedited processing ............................................HB 843 Spending Account and Consumer Driven Health Plan
Advancement Act; enact....................................................................................SB 329 State benefits plans; include employees of critical access hospitals,
federally qualified health centers, and community service boards...................HB 638 State employees; consumer driven health plan option; provisions........................SB 344 State employees' health insurance; agricultural commodity
commission employees.....................................................................................HB 147 Taxable net income; exclude amount paid for health insurance...........................HB 454 Veterans' health care; insure mandatory funding; memorialize Congress............HR 815
HEARD COUNTY U. S. military personnel who served in Iraq; commend .......................................HR 917
HEARD, HONORABLE KEITH; communications..................................Pages 327, 328
HEARING AND HEARING AIDS (See Handicapped Persons)
HEIDT, CHARLES J.; commend ...........................................................................HR 426
HEITZ, BRANDON JAMES; commend................................................................HR 278
HENRY COUNTY; homestead exemption; assessed value....................................HB 482
HENRY, FREDDIE, SR.; condolences...................................................................HR 316
HENRY, WALTER; condolences ...........................................................................HR 317
HEPATITIS C AWARENESS AND EDUCATION MONTH Recognize May, 2003; urge Public Health Division of Department of Human Resources undertake related studies................................................HR 701
HERMAN, CHRISTY; commend...........................................................................HR 437
HESTER, ERIC; commend .....................................................................................HR 515
HICKS, JAMES STACEY Bethel Missionary Baptist Church in Camilla; commend ....................................HR 548
HIDAY, GARRETT; commend ..............................................................................HR 480

Refer to numerical index for page numbers

INDEX

4113

HIGHWAYS, BRIDGES, AND FERRIES Airports receiving state financial assistance; certain repayment ..........................HB 886 Albert Shelton Swindell Memorial Highway; designate ......................................HR 131 Alternative fueled vehicles; hybrid vehicles; designated travel lanes ..................HB 436 Alvin Mitchell Street; designate ...........................................................................HR 544 Bottled water; consumption in public transit bus or raped rail car or station; provisions; exception ...........................................................................HB 175 Burke 3 Veterans Parkway; designate..................................................................SR 184 Byrd M. Bruce Interchange; designate ....................................................................SR 90 Charles F. Hatcher Highway; designate................................................................HR 212 Charles F. Hatcher Highway; designate.................................................................SR 229 Commercial driveways; permits; certain school bus loading areas ......................HB 763 Dan J. DeLoach Highway; designate.......................................................................SR 69 Dean Bryant Intersection; designate .....................................................................HR 146 Dean Bryant Intersection; designate ........................................................................SR 23 Developmental Highway System; road corridors; change description.................HB 486 Dixie Highway; designate; Purple Heart Trail; designate Interstate Route 95......SR 171 Dorothy B. Pelote Viaduct; designate...................................................................HR 589 Earl T. Shinholster Interchange and Bridge; designate .............................................SR 6 Electric personal assistive mobility devices; mopeds; definitions and regulations.....................................................................................................SB 37 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 Fred Emory Smith Memorial Bridge; designate ...................................................HR 590 Gamaliel Hilson Memorial Overpass; designate ..................................................HR 406 Harold Mann Memorial Interchange; designate .....................................................HR 81 Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices ..........................HB 719 House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; create.................................................................HR 760 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 House Study Committee on Local Government Infrastructure; create.................HR 700 Jack Connell Parkway; designate..........................................................................HR 104 Jim Gillis-Historic Savannah Parkway; designate ..................................................HR 88 J. Max Davis Interchange; designate ......................................................................HR 29 Joint MARTA Finance Study Committee; create .................................................HR 147 Joint MARTA Finance Study Committee; create .................................................HR 397 Judge Jim Weeks Intersection; designate..............................................................HR 591 Julien B. Roddenbery, Sr. Memorial Drive; designate .........................................HR 620 Keith Kalland Connector; designate .....................................................................HR 132 Lt. Col. Doyce Ariail Highway; designate............................................................HR 128 MARTA; certain board members; voting power ..................................................HB 745 MARTA; reserve funds; use of interest income for operating costs .....................SB 136

Refer to numerical index for page numbers

4114

INDEX

Martin Luther King, Jr., Bypass; designate ..........................................................HR 115 Mass transportation service; increase limit of state funds ....................................HB 263 Motor fuel and road tax; amend definitions............................................................HB 71 Motor fuel tax; prepaid tax....................................................................................HB 504 Motor vehicles abandoned on public property; removal by peace officer............HB 950 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Public road funds; metropolitan planning organizations; formation ....................HB 851 Public roads; allocation of state and federal funds; remove
MARTA provisions ...........................................................................................SB 127 Public roads and Georgia Regional Transportation Authority;
repeal allocation of funds ................................................................................HB 212 Public roads; erection of sign without permit; $500 fine......................................HB 705 Public transit; buses, rapid rail cars, stations; allow bottled water .......................HB 778 Public transportation; corporation or authority; General Assembly
create CA .......................................................................................................HR 818 Purple Heart Highway; designate portion of State Route 232..............................HR 398 Purple Heart Trail; designate Interstate 95 within Georgia ..................................HR 625 Radar; delete certain requirement; permit use while application pending............HB 188 Roadside beautification; public rights of way; provisions....................................HB 180 Robert Henry Jordan Memorial Highway; designate .............................................HR 25 Robert Ray Parkway; designate ............................................................................HR 133 Robert Ray Parkway; designate ............................................................................HR 257 Robert Ray Parkway, Fred Emory Smith Memorial Bridge,
J. Max Davis Interchange, and Dan and Marie Branch Highway; designate ...........................................................................................SR 150 Rod Smith Memorial Garden; designate wildflower garden in median of Jesse Jewell Parkway.......................................................................HR 175 Shelton Isaiah DeLoach Memorial Bridge; designate ..........................................HR 129 Sheriff-elect Derwin Brown Memorial Bridge; designate....................................HR 106 Sonny Dixon Interchange; designate ....................................................................HR 213 Sonny Kemp Intersection; designate in Hall County..............................................HR 28 Special license plates; "Share the Road" message; motorists and bicyclists.........SB 283 Special master; inverse condemnation; provisions ...............................................HB 868 Speed detection devices; certain 30-day limitation; work zone speeding violations ...........................................................................................HB 329 Speed detection devices; required warning signs; change size.............................HB 313 Staff Sgt. Avely W. Runnels Memorial Highway; designate ...............................HR 107 State highway employees; indemnification; eligibility date.................................HB 332 State property; restrictions on naming or renaming for public officials..................SB 73 State Road and Tollway Authority; certain SR 400 tolls; restrict usage ..............HB 218 State Road and Tollway Authority; use of tolls......................................................HR 66

Refer to numerical index for page numbers

INDEX

4115

Subdivisions accessing state highway system; Department of Transportation approval....................................................................................HB 321
Thelma "T-Lady" Ross Bridge, Veterans Memorial Highway, and Dean Bryant Intersection; designate....................................................................SR 67
Tollways; causeway to barrier islands; exemption for certain residents ..............HB 503 Tommy R. Crabb Sr. Memorial Highway; designate ...........................................HR 559 Transit buses; use of emergency lanes...................................................................SB 256 Transportation Department investigators; transportation funds; toll revenues......SB 221 Transportation Department; unsolicited proposals; use of state
funds in mass transportation projects ................................................................SB 257 Uniform rules of the road; motor vehicles; reduce speed when
passing certain stationary vehicles ...................................................................HB 457 Uniform rules of the road; traffic-control signal monitoring devices;
civil monetary penalties....................................................................................HB 182 Vehicles and loads; excess weight; penalties........................................................HB 636 Veterans Memorial Highway; designate; Banks County veterans; commend .......HR 90 Weapons; unauthorized possession; affirmative defense .....................................HB 193 William Ira (W. I.) Still, Jr. Highway; designate.....................................................SR 60 William S. Hutchings Bridge; designate..................................................................SR 66
HILL, HONORABLE CECILY Communication; absent during morning session of the House ....................... Page 1841
HILL, REVEREND CLYDE, SR.; commend........................................................HR 366
HILL, TOPEDRIC; commend ................................................................................HR 800
HOG FARMING; fuel for certain purposes; sales tax exemption ..........................HB 425
HOLMAN, SERGEANT MAJOR LYMUS; commend........................................HR 667
HOLMES, GARY MAYO; condolences ................................................................HR 746
HOME SCHOOLING Education; joint enrollment; certain private schools and home study programs..................................................................................................HB 985 Home school students; eligibility; extracurricular programs in public schools ....................................................................................................SB 210 Income tax credit; qualified education expenses; home study programs .............HB 337 Virtual charter schools; provisions ........................................................................SB 203
HOMELAND SECURITY; urge president and congress provide funding ............HR 855
Refer to numerical index for page numbers

4116

INDEX

HOMEOWNER TAX RELIEF GRANTS Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund.........................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment CA ...............................................................................HR 108
HOMESTEAD EXEMPTION Exempt full homestead value; senior citizens........................................................... HB 8 Exemption; equal to state levy ..............................................................................HB 161 Homestead tax deferral; senior citizens; increase amount ....................................HB 138 State-wide base year assessed value CA..............................................................HR 22 State-wide base year assessed value CA..............................................................HR 80
HOMESTEAD OPTION SALES TAX Referendum; disbursement of proceeds................................................................HB 522
HONE, LARRY; commend .....................................................................................HR 507
HONEYBEES; inspection and registration of colonies; change provisions............HB 293
HOSPITALS AND OTHER HEALTH CARE FACILITIES Air ambulance services; licensure and regulation......................................................SB 7 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ..............................................................SR 35 Certain deaths; persons in compensated care; notify coroner...............................HB 357 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 County and municipal hospital authorities; certain financial aid; critical personnel shortages ..............................................................................HB 372 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Eye bank operators; amend provisions ...................................................................HB 54 First offenders; records disclosure when applying for certain employment............SB 22 Georgia Health Care Act; enact ............................................................................HB 130 Hospital Insurance Authority Act; enact...............................................................HB 776 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................................HR 819 House Study Committee on the Development and Expansion of Community Health Centers; create...................................................................HR 680 Joint Study Committee on Certified Professional Midwifery; create...................HR 227 Medical education and physician workforce; provisions........................................HB 56

Refer to numerical index for page numbers

INDEX

4117

Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation......................................HR 619
Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ...................................................................HB 717 Spending Account and Consumer Driven Health Plan
Advancement Act; enact ...................................................................................SB 329 State benefits plans; include employees of critical access hospitals,
federally qualified health centers, and community service boards...................HB 638 State employees; consumer driven health plan option; provisions........................SB 344 State employees; payroll deductions; Higher Education Savings
Plan; certain inclusion in defined contribution plan.........................................HB 424 State health planning; ambulatory surgical facilities ............................................HB 791 Surgical assistants; licensure; Composite State Board of Medical Examiners...HB 1008 Tobacco tax proceeds; uses; Medical Trust Fund CA .......................................HR 780 Torts; federal smallpox vaccination program; hospital employees and
health care providers and workers; immunity ...................................................SB 336 Vaccination program for emergency responders exposed to
infectious diseases; contingent upon bioterrorism funding ...............................SB 333
HOTELS, MOTELS, INNS, AND ROADHOUSES Excessive room rates during special sporting events; prohibit..............................SB 150 Hotel-motel tax; amend definitions.........................................................................HB 69 Hotel-motel tax; define certain convention and bureau authorities ....................HB 1029 House Hotel-Motel Tax Study Committee; create................................................HR 404 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create .......HR 529
HOUSE OF REPRESENTATIVES African American Business Enterprise Day; recognize February 18, 2003; invite certain members to House ......................................................................HR 176 Alpha Kappa Alpha Day at Capitol; recognize February 17, 2003; invite Marjorie Young to House.......................................................................HR 127 A. Phillip Randolph Elementary School; invite Principal Bobby Tuggle to House................................................................................................HR 242 Athens Chamber of Commerce; recognize 100th anniversary; invite representatives to House.........................................................................HR 114 Atlanta Motor Speedway Day at Capitol; recognize March 6, 2003; invite representatives to House.........................................................................HR 324 Benischek-Crews, Elizabeth; invite to House.......................................................HR 267 Black, Honorable Ellis; absent due to illness......................................................Page 578 Bland, Laura; 2003 Georgia Watermelon Queen; invite to House.......................HR 135 Broadnax, Dr. Walter D.; invite to House.............................................................HR 211
Refer to numerical index for page numbers

4118

INDEX

Brye, Annie Johnson; invite to House ..................................................................HR 377 Byrd, Honorable Roger; resignation .....................................................................Page 18 Canty, Honorable Henrietta Mathis; condolences; invite her
children to House..............................................................................................HR 602 Carter, Honorable James Earl "Jimmy", Jr.; commend and invite to House ..........HR 30 Carter, President Jimmy; Nobel Laureate; address joint session..........................HR 545 Chambliss, Honorable Saxby; invite to House .....................................................HR 241 Clerk of House; election .......................................................................................Page 43 Clerk of House; oath of office...............................................................................Page 43 Clinch County High School football team; invite team and its
coaches to House ..............................................................................................HR 243 Community Health Centers Day; invite designated representatives to House .....HR 111 Cooper, Honorable Sharon; Republican Caucus; election of members..............Page 321 Cordele-Crisp County Fish Fry; invite cooking team to House ...........................HR 150 Crisp Academy Varsity Football Team; invite to House......................................HR 179 Cronin, Stewart; Peace Officer of the Year for Valor; invite to House................HR 234 Culloden Highland Games and Scottish Festival; invite certain
persons to House...............................................................................................HR 702 Dental Hygienists' Appreciation Day; recognize February 7, 2003;
invite to House..................................................................................................HR 105 Doorkeeper; election .............................................................................................Page 43 East Hall High School boys basketball team; invite team and
coaches to House ..............................................................................................HR 402 Forestry Day at the Capitol, January 30, 2003; invite certain
Georgia Forestry Association members to House ..............................................HR 70 4-H Day at the state capitol; invite Cole Ryles, Dr. Roger C. (Bo) Ryles,
and Dr. Gale A. Buchanan to House ................................................................HR 178 Free and Accepted Masons of Georgia and the Order of the
Eastern Star; invite to House ..............................................................................HR 95 Gainesville High School girls basketball team; invite team and coaches
to House ............................................................................................................HR 400 General Assembly; eligibility to prefile bills and resolutions ..............................HB 629 General Assembly, Lt. Governor, House Speaker; term limits CA...................HR 354 General Assembly members; annual salaries; reduce 5 percent...........................HB 192 General Assembly Training Institute; appointment of members............................HB 57 Georgia Farm Bureau Federation; commend and invite president to House..........HR 56 Georgia Recreation and Parks Association; invite representatives to House .......HR 180 Governor; invite to House.....................................................................................HR 913 Gresham Park 12 Year Old Tigers baseball team; invite to House ......................HR 142 Griffin High School Bears basketball team; invite team and its coach
to appear before the House of Representatives ................................................HR 526 Haley, Johnathan N.; invite to House ...................................................................HR 113 Hill, Honorable Cecily; absent during morning session .................................. Page 1841

Refer to numerical index for page numbers

INDEX

4119

House Community Improvement District Study Committee; create....................HR 260 House districts; amend provisions ........................................................................HB 643 House districts 132, 134, 135, 136, 137, 138, 139, 141; reapportion ...................HB 640 House Energy Efficient Homes Study Committee; create......................................HR 64 House Hotel-Motel Tax Study Committee; create................................................HR 404 House interns; 2003 session; commend ................................................................HR 709 House Local School District Development Impact Fees Study
Committee; create.............................................................................................HR 558 House Meeting Georgia's Transportation Needs Through the
Year 2025 Study Committee; create.................................................................HR 760 House Sandy Springs Study Committee; create ...................................................HR 603 House Special Grants Study Committee; create .....................................................HR 48 House staff; 2003 session; commend....................................................................HR 758 House Study Committee on Adapted Athletics; create.........................................HR 743 House Study Committee on Coin Operated Amusement Machines; create .........HR 670 House Study Committee on Equal Pay; create .....................................................HR 319 House Study Committee on Establishing a Family Day; create .............................HR 54 House Study Committee on Franchise Fees and the Use of Public
Rights of Way; create .......................................................................................HR 530 House Study Committee on Funding for Local Victim Assistance
Programs; create ...............................................................................................HR 669 House Study Committee on HB 33; create ...........................................................HR 262 House Study Committee on Health Insurance Options for Small
Businesses and Uninsured Working People; create .........................................HR 588 House Study Committee on Law Enforcement Retirement; create ......................HR 238 House Study Committee on Lending and Financial Services; create ...................HR 703 House Study Committee on Liability Insurance Rates for Hospitals
and Physicians; create.......................................................................................HR 819 House Study Committee on Local Government Infrastructure; create.................HR 700 House Study Committee on Long-term Care Insurance; create ...........................HR 334 House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 House Study Committee on Penalties for Driving Under the
Influence Offenses; create ..................................................................................HR 53 House Study Committee on Sales and Use Tax Simplification; create ................HR 261 House Study Committee on School Restroom Standards; create .........................HR 528 House Study Committee on Sheriffs' Powers; create ...........................................HR 226 House Study Committee on Special License Plates; create..................................HR 407 House Study Committee on Technology Education; create ...................................HR 65 House Study Committee on the Development and Expansion of
Community Health Centers; create...................................................................HR 680 House Study Committee on the Hearing Impaired; create ...................................HR 745 House Study Committee on Uniform High School Grading; create.......................HR 51 House Unfunded Mandates Study Committee; create ..........................................HR 621

Refer to numerical index for page numbers

4120

INDEX

Howard, Honorable Henry; committee assignment..............................................Page 18 Hybl, Nate; invite to House...................................................................................HR 353 Jamerson, Billy; invite to House ...........................................................................HR 321 Jefferson High School Wrestling Team; invite team and coaches to House ........HR 761 Johnson, Ruth; invite to House .............................................................................HR 244 Joint session; Governor's message ..........................................................................HR 12 Joint session; message from Chief Justice of Supreme Court ................................HR 32 Jonesboro High School Mock Trial Team; invite team and coaches to House ....HR 626 Joseph Wheeler High School boys basketball team; invite coaches
and players to House.........................................................................................HR 531 Lane, Honorable Bob; absent due to illness........................................................Page 829 Leadership Clayton Class of 2002-2003; invite to House ....................................HR 240 Legislative and congressional reapportionment; specify
requirements; community of interest...................................................................SB 91 Legislative Retirement; General Assembly; membership; prior service ..............HB 300 Levy, Dr. Natalie Koch; invite to House ..............................................................HR 532 Lucas, Honorable David; committee assignment .................................................Page 17 Macon-Bibb County; 2003 Cherry Blossom Festival; invite
officials to House..............................................................................................HR 231 Maddox, Honorable George; committee assignment............................................Page 19 Manning, Honorable Judy; absent due to illness ............................................. Page 1024 Meadowview Elementary School; commend; invite principal and
school board officers to House .........................................................................HR 557 Messenger; election...............................................................................................Page 19 Mitchell Baker High School Eagles basketball team; invite coaches
and players to House.........................................................................................HR 403 Muscogee County School District mentoring program "ON TRACK";
invite certain representatives to House.............................................................HR 177 National Guard Day in Georgia; 3/28/03; invite Major General
David B. Poythress to House............................................................................HR 401 Notify Senate; House convened................................................................................ HR 9 Oliva, Janet R.; Peace Officer of the Year for Meritorious Service;
invite to House..................................................................................................HR 232 Parkview High School Panthers football team; invite to House...........................HR 216 Pease, Kyle; commend and invite to House............................................................HR 55 Pope High School Lady Greyhounds soccer team; invite coaches
and players to House...........................................................................................HR 94 Pope High School slow pitch softball team; invite to House................................HR 134 Presbytery of Greater Atlanta; invite representatives to House............................HR 151 Professional Association of Georgia Educators Day; recognize
"PAGE Day on Capitol Hill" 2/11/03; invite officers to House.........................HR 93 Relative to officials, employees, and committees...................................................HR 10 Representatives-elect; oath of office.....................................................................Page 29

Refer to numerical index for page numbers

INDEX

4121

Respress, Emma; invite to House .........................................................................HR 616 Reynolds, Jean; invite to House............................................................................HR 396 Rockmart High School wrestling team; invite team and coaches to House .........HR 615 Royal, Honorable Richard; committee assignment.................................................Page 2 Rules of House; adopt .............................................................................................HR 11 Rules of House; amend Rule 13............................................................................HR 214 Rules of House; amend Rules 5, 6, 12 ..................................................................HR 173 Ryles, Cole; invite to House .................................................................................HR 149 Salaries of certain state officials; 10 percent reduction ........................................HB 222 Sandy Creek High School boys basketball team; invite to House........................HR 320 Savannah St. Patrick's Day Parade; invite certain persons to House....................HR 269 Screven County High School football team; commend and invite to House .........HR 69 Silver-Haired Legislature; invite to House ...........................................................HR 352 Singleton, Jacqueline LaRose; invite to House.....................................................HR 268 Smith, Honorable Tommy; communication........................................................Page 303 Smyre, Honorable Calvin; communication.........................................................Page 330 Southwest Georgia Regional Public Library System; invite
certain library representatives to House .............................................................HR 82 Speaker of House; communications......................................Pages 2, 17, 18, 19, 22, 158 Speaker of House; election ...................................................................................Page 29 Speaker Pro Tempore; election .............................................................................Page 31 Taylor, Charlie; honor memory; invite certain aviation
employees to House..........................................................................................HR 560 Taylor County High School Lady Vikings basketball team; invite
team and coach to House ..................................................................................HR 543 Thomson High School Football Team; invite to House .......................................HR 378 Troup County School System National Board Certified Teachers;
invite to House..................................................................................................HR 230 Turner, R. K.; Peace Officer of the Year for Valor; invite to House....................HR 233 U. S. President and nation's armed forces; express support of House ....................HR 87 University of Georgia football team; invite Head Coach Mark Richt
and others to House ..........................................................................................HR 112 Westmoreland, Honorable Lynn; communications ......................................Pages 28, 60
HOUSING (See Buildings and Housing)
HOWARD, ANGELA; commend ...........................................................................HR 489
HOWARD, HONORABLE HENRY; committee assignment...............................Page 18
HUBBARD TRAINING SCHOOL Recognize Georgia State Historical Marker Ceremony........................................HR 817

Refer to numerical index for page numbers

4122

INDEX

HUDSON, HONORABLE HELEN COLLINS BOMAR SELMAN Condolences ..........................................................................................................HR 775 Condolences ..........................................................................................................HR 841
HUEFNER, ROBERT 2002 Wendy's High School Heisman Award; commend........................................HR 36
HUGHES, REVEREND DOCTOR ARTHUR, SR.; commend ..........................HR 246
HUGLEY, HONORABLE CAROLYN; communications..................................Page 322
HUMAN CLONING; federal legislation banning; urge passage............................HR 617
HUMAN RESOURCES, DEPARTMENT OF Adoptions and child-placing agencies; records access; birth records; practices and procedures........................................................................SB 55 Adult Day Center for Aging Adults Licensure Act; enact....................................HB 318 Air ambulance services; licensure and regulation......................................................SB 7 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Automated external defibrillators; registration with Department of Human Resources..........................................................................................SB 265 Child protective services; access to criminal history records ................................SB 200 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt...........................................................HR 358 Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies.......................HR 701 Human resources; Choose Life adoption support program; special license plates.....................................................................................................HB 254 Human resources; Choose Life adoption support program; special license plates.....................................................................................................HB 286 Juvenile proceedings; child placement orders; amend provisions.........................SB 236 On-site sewage management systems; Department of Human Resources adopt statewide regulations .............................................................HB 992 Septic tank waste; counties provide for disposal ..................................................HB 951 Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding ...............................SB 333
HUMPHREY, NATASHA; commend....................................................................HR 842
HUNT, REGENT JOHN; condolences...................................................................HR 593

Refer to numerical index for page numbers

INDEX

4123

HUNTING (Also, See Game and Fish) Amend license provisions; hunting alligators and certain other wildlife; amend regulations ..............................................................................HB 815 Amend provisions; commercial deer hunting preserves .......................................HB 247 Deer hunting; closed and open seasons, bag limits, and antler restrictions; amend provisions ...........................................................................SB 317 Hunting alligators and certain other wildlife; amend regulations.........................HB 814 Hunting deer with dogs; permits; prohibition .......................................................HB 845
HUTCHESON, FRANK; condolences ...................................................................HR 552
HYBL, NATE; invite to House ................................................................................HR 353
HYDER, COACH JOHN "WHACK"; condolences ............................................HR 379
HYTOWITZ, NEIL; commend...............................................................................HR 223

I

INCOME TAX Alimony and child support; financial status of parties; verification.......................HB 21 Amend certain definitions .......................................................................................HB 72 Biotechnology businesses; job tax credit ..............................................................HB 563 Certain monthly returns; increase threshold .........................................................HB 294 Claim for refund; filing date .................................................................................HB 469 Corporations; allocation and apportionment formulas .........................................HB 559 Credit; certain businesses creating full-time jobs .................................................HB 422 Credit; certain headquarters; creation of full-time jobs ........................................HB 492 Credit; certain pharmaceutical companies ............................................................HB 993 Credit; certain teachers or paraprofessionals ........................................................HB 453 Credit for premium energy efficient appliances ...................................................HB 564 Credit for relocating headquarters; amend............................................................HB 566 Credit; qualified broadband equipment.................................................................HB 961 Credit; qualified child care expenses ....................................................................HB 209 Credit; qualified education expenses; home study programs ...............................HB 337 Credit; qualified health insurance expenses..........................................................HB 252 Credit; qualified health insurance expenses..........................................................HB 518 Credit; qualified reforestation expenses................................................................HB 540 Credits; certain businesses; border counties .........................................................HB 325 Credits; certain businesses; less developed areas .................................................HB 298 Credits; certain counties; telecommunications .....................................................HB 984
Refer to numerical index for page numbers

4124

INDEX

Credits; home improvements and community improvement districts ..................HB 543 Credits; low or zero emission vehicles; electric chargers .....................................HB 535 Credit; teachers; qualified education expenses .....................................................HB 431 Deduction; subscriptions paid for fire protection .................................................HB 351 Driver education for minors; income tax credit ....................................................HB 813 Eliminate ................................................................................................................... HB 7 Estimated income tax; failure to pay; underpayment calculation...........................HB 59 Estimated tax liability payments; increase threshold............................................HB 852 Estimated tax; underpayment amount...................................................................HB 468 Exempt active duty military income .....................................................................HB 118 Exempt capital gain income ..................................................................................HB 562 Exempt military income............................................................................................ HB 9 Exempt persons 65 or older ...................................................................................... HB 5 Fire protection; certain subscriptions; urge Congress to provide
federal income tax deduction............................................................................HR 143 Gradual reduction; abolishment ................................................................................ HB 2 Greenspace Trust Fund; taxpayer voluntary income tax contributions .................SB 247 Jobs tax credits; less developed areas; business closings in
areas comprising military bases...........................................................................SB 11 Monthly returns; increase threshold......................................................................HB 465 Public Revenue Code; conform to federal law .....................................................HB 181 Public Revenue Code; conform to federal law .....................................................HB 534 Refund; setoff debt; probation fees and restitution orders....................................HB 677 Refunds; increase time for claiming .......................................................................HB 48 Returns; electronic filing; extend date ..................................................................HB 536 Revenue commissioner; powers and duties; tax executions; tax liabilities ..........HB 556 State and Local Tax Revision Act of 2003; enact...................................................HB 43 Taxable net income; exclude amount paid for health insurance...........................HB 454 Taxable net income; exclude capital gains ............................................................... HB 4 Taxable net income; exclude certain military pay ................................................HB 100 Taxable net income; exclude certain military pay ................................................HB 310 Taxable net income; exclude certain military pay ................................................HB 383 Taxable net income; retirement income exclusion; increase ................................HB 116
INDEMNIFICATION Emergency management agencies; certain employees ..........................................SB 218 Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 State highway employees; eligibility date ............................................................HB 332 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187 Volunteer firemen injured in line of duty; disability compensation .....................HB 166

Refer to numerical index for page numbers

INDEX

4125

INDIAN AFFAIRS American Indian tribes; recognize RedNation of Cherokee New Echota Band .............................................................................................HB 755 Eastern Cherokee Indian Tribe; revise address........................................................SB 93 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center..........................HB 494 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center.............................SB 33 Official Frontier and Southeastern Indian Interpretive Center; designate ............HB 865
INDIGENT (Also, see Social Services) Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 County law libraries; board members; use of collected funds.................................SB 83 Indigent Defense Act; enact; circuit public defenders ..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental health advocacy ................................................................................................HB 770 Indigent Defense Act; enact; multicounty capital defender; circuit public defender .......................................................................................SB 102 Indigent defense; state funds; change distribution criteria ...................................HB 788 Nursing Home Provider Fee Act; enact ................................................................HB 526 Technology and indigent defense fees and certain fines; authorize .....................HB 240 Tobacco tax proceeds; uses; Medical Trust Fund CA .......................................HR 780
INDUSTRY, TRADE, AND TOURISM Hotels and motels; excessive room rates during special sporting events; prohibit ..................................................................................................SB 150
INFECTIOUS DISEASES Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 Colleges; meningococcal meningitis; vaccination or signed waiver ....................HB 199 College students; vaccination against meningococcal meningitis .........................SB 266 Contact lenses; comprehensive revision of provisions .........................................HB 634 Contact lenses; sales or dispensing; comprehensive revision of provisions.........HB 981 County and municipal hospital authorities; certain financial aid; critical personnel shortages ..............................................................................HB 372 Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies.......................HR 701 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations...........................SB 183

Refer to numerical index for page numbers

4126

INDEX

Reckless conduct against peace or correctional officer; HIV or hepatitis infected person...............................................................................HB 711
Special license plates; AIDS Survival Project ......................................................HB 593 Torts; federal smallpox vaccination program; hospital employees
and health care providers and workers; immunity.............................................SB 336 Vaccination program for emergency responders exposed to
infectious diseases; contingent upon bioterrorism funding ...............................SB 333
INFORMATION TECHNOLOGY (See Electronic Technology and Transmissions)
INITIATIVE PETITION Elections; petition candidates; notification of requirements.................................HB 723 Power to enact and repeal statutes CA...............................................................HR 405 Public initiative referendums; provisions CA......................................................HR 44
INSURANCE Accident and sickness insurance; franchise group plan; provisions.....................HB 619 Accident and sickness insurance; group policies; infertility coverage ...............HB 1012 Certain notices; certified mail or statutory overnight delivery ...........................HB 1043 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Consumer Choice of Benefits Health Insurance Plan Act; enact .........................HB 806 Employees' Retirement; group term life insurance; definition .............................HB 607 Employment; discharge because of absenteeism; amend provisions ...................HB 112 Employment security; certain persons seeking part-time work............................HB 591 Employment security; exclude services by certain corporate officers....................HB 16 Flexible Health Benefit Plan Act; enact................................................................HB 972 Health benefits; failure to pay; penalty not applicable to cap...............................HB 220 Health benefits; failure to pay; penalty not applicable to cap...............................HB 259 Health care claims; expedited processing .............................................................HB 843 Health insurance; covered benefits; off-label prescription drugs ............................SB 96 Health insurance identification cards; prohibit showing social security number ......................................................................................HB 721 Health Insurance Risk Pool; create; alternative mechanism coverage ...............HB 1038 Health insurance; state employees no longer covered by federal insurance plan ........................................................................................SB 282 Health maintenance organizations; mental disorders; point-of-service options ....................................................................................HB 145 High risk health insurance; urge officials seek certain federal grants ..................HR 561 House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create ...............................HR 588

Refer to numerical index for page numbers

INDEX

4127

House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................HR 819
House Study Committee on Long-term Care Insurance; create ...........................HR 334 Housing tax credits; qualified projects; credit amounts........................................HB 537 Income tax credit; qualified health insurance expenses........................................HB 252 Income tax credit; qualified health insurance expenses........................................HB 518 Individual deferred annuities; minimum nonforfeiture rate...................................SB 166 Individual deferred annuities; nonforfeiture rate; sunset ......................................HB 539 Insurance fraud; sales of coverage for unauthorized insurer;
filing false material statement...........................................................................HB 598 Insurance premium taxes; change provisions .......................................................HB 530 Insurance underwriting or rating; credit and credit scoring; provisions ...............HB 215 Life insurance on employee; procedures for employer purchase;
written consent of insured .................................................................................SB 156 Local boards of education; certain benefits; authorize funds ...............................HB 328 Managed health care plans; right to independent review;
include state employees ....................................................................................HB 697 Motor vehicle accident insurance; certain payments; notification
to lienholder ......................................................................................................HB 421 Motor vehicle insurance; mile-based premiums ...................................................HB 201 Motor vehicle insurance; termination; exception; certain military personnel ......HB 171 Motor vehicles; certain proof of insurance; amend provisions...............................HB 86 Motor vehicles; registration and insurance provisions; amend.............................HB 191 Municipalities; lease property to certain nonprofit corporation ...........................HB 423 Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 Prescription drugs by mail; enrollees in HMO health benefit plans......................SB 145 Rate filings; effectiveness .....................................................................................HB 576 RICO Act; redefine racketeering activity; include insurance fraud......................HB 236 Spending Account and Consumer Driven Health Plan
Advancement Act; enact....................................................................................SB 329 State employees' health insurance; certain community service retirees ...............HB 594 Structural pest control companies; insurance requirements..................................HB 307 Subsequent Injury Trust Fund; dissolution ...........................................................HB 570 Surcharges for certain public safety employees; remove certain limitations .......HB 547 Unemployment benefits; additional ground for disqualification ..........................HB 731 Unemployment benefits; eligibility; military transfer of spouse ..........................HB 117 Unemployment Insurance Trust Fund Joint Study Committee; create..................SR 234 Vehicle liability insurance; cancellation by member of armed
forces ordered abroad ........................................................................................SB 280 Vehicle Protection Product Act; enact ..................................................................HB 688

Refer to numerical index for page numbers

4128

INDEX

Workers' compensation; certain medical treatment; authorization; denial ...........HB 404 Workers' compensation; total and temporary partial disability; benefits .............HB 429
INTANGIBLE TAXATION Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability.....................................................................HB 679 Payment; recording of instruments .......................................................................HB 513 Real estate transfer tax; amend provisions..............................................................HB 77 Real estate transfer tax; superior court clerk collect; exemptions for certain transfers....................................................................................................SB 97
INTEREST AND USURY Banking and finance, civil practice, state government, torts; civil actions; substantive revisions ...................................................................HB 792 Commercial accounts; maximum rate...................................................................HB 686 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Financial institutions; comprehensive revision of provisions..................................SB 78 Greenspace Trust Fund; interest; expenditure provisions.....................................HB 314 Revenue bonds; hedge contracts; powers of governmental bodies ......................HB 544
INVASION OF PRIVACY Peeping Toms; spying upon or invading the privacy of another ...........................SB 151
IRAQ Cultural artifacts looted and destroyed; urge U. S. restore and preserve..............HR 779
IRWIN COUNTY Board of education; compensation........................................................................HB 443 Commissioner districts; reapportion ...................................................................HB 1021
ISRAEL, STATE OF; urge national support; declare Georgia support....................HR 50
ISTANBUL CULTURAL CENTER; commend....................................................HR 598
J
J. MAX DAVIS INTERCHANGE Designate.................................................................................................................HR 29 Designate................................................................................................................SR 150

Refer to numerical index for page numbers

INDEX

4129

JACK CONNELL PARKWAY; designate ............................................................HR 104
JACKSON COUNTY Airport authority; amend provisions .....................................................................HB 974 Office of probate judge, chief magistrate; nonpartisan elections ..........................SB 288
JACKSON, DEBORAH; commend........................................................................HR 490
JACKSON, T. JERRY; commend ..........................................................................HR 330
JAILS Certain counties; full-time dispatcher serve as jailer ............................................HB 820 Housing of state prisoners; payment.....................................................................HB 143 Inmate accounts; certain deductions .....................................................................HB 968 Inmate labor to remove graffiti from private property; compensation to property owners .............................................................................................SB 313 Inmates; earned time allowances ..........................................................................HB 239 Inmate transfers; limitations on requests ..............................................................HB 741 Private prisons; regulation; provisions..................................................................HB 742 State and county penal institutions; certain inmate labor; authorize ....................HB 398
JAMERSON, BILLY; invite to House....................................................................HR 321
JAMIESON, HONORABLE JEANETTE; commend..........................................HR 161
JASPER COUNTY; grant easements.......................................................................SR 120
JEFFERSON, CITY OF; levy tax for school system .............................................HB 948
JEFFERSON, CURTIS; commend.........................................................................HR 198
JEFFERSON HIGH SCHOOL WRESTLING TEAM Invite team and coaches to House.........................................................................HR 761
JENKINS COUNTY HIGH SCHOOL LADY EAGLES BASKETBALL TEAM; commend.....................................................................HR 551
JERKINS, MAYOR JOE Commend ..............................................................................................................HR 247 Commend ..............................................................................................................HR 902
JEWELL, JEREMY PAGE; commend..................................................................HR 383

Refer to numerical index for page numbers

4130

INDEX

JIM GILLIS-HISTORIC SAVANNAH PARKWAY; designate...........................HR 88
JOHNSON, BELINDA KAYE RAWLINS; condolences.....................................HR 295
JOHNSON COUNTY; board of commissioners; staggered terms .........................HB 996
JOHNSON, IRVINE B.; commend.........................................................................HR 429
JOHNSON, LORRAINE A.; commend ...................................................................HR 19
JOHNSON, MAJOR GEORGE; commend...........................................................HR 852
JOHNSON, RUTH; invite to House........................................................................HR 244
JOINT MOLD STANDARDS STUDY COMMITTEE; create.............................HR 52
JONES COUNTY Commissioner districts; reapportion .....................................................................HB 979 Education districts; reapportion ............................................................................HB 847
JONES, DR. T. HOWARD President of the American Dental Association; commend ...................................HR 880
JONES, HELEN M.; commend...............................................................................HR 434
JONES, LUTHER ELTON, II; commend .............................................................HR 439
JONES, ROBBIE; 4-H honoree; commend.............................................................HR 190
JONESBORO FIRE DEPARTMENT; commend ................................................HR 748
JONESBORO HIGH SCHOOL MOCK TRIAL TEAM Invite team and coaches to House.........................................................................HR 626
JOSEPH WHEELER HIGH SCHOOL BOYS BASKETBALL TEAM; invite coaches and players to House...........................HR 531
JUDGE JIM WEEKS INTERSECTION; designate.............................................HR 591
JUDGES Campaign contributions; applicants for judgeships; prohibitions ........................HB 160 Campaign contributions; certain judgeships; disqualification..............................HB 155 County judicial offices; nonpartisan elections; provide by local Act .....................HB 47

Refer to numerical index for page numbers

INDEX

4131

Criminal procedure; demand for trial; service on assigned judge; expiration; appeal.................................................................................................SB 45
Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit.......................................................HB 753
Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................SB 109
Grand juries; certain judges draw from electronic jury box .................................HB 580 Judges of the Probate Courts Retirement; certain application;
date benefits begin ............................................................................................HB 270 Judges of the Probate Courts Retirement; designated surviving beneficiary .......HB 739 Judicial Retirement; certain creditable service .....................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement .........HB 976 Judicial Retirement; certain local membership; transfer; service credit...............HB 923 Judicial Retirement; certain prior county service; credit ......................................HB 933 Judicial Retirement; Fulton County State Court judges; membership..................HB 441 Judicial Retirement; members transfer contributions from
Employees' Retirement System ........................................................................HB 224 Judicial vacancies; appointment by governor; prohibition; exemption ................HB 675 Juvenile court judges; compensation from state funds; adjustment......................HB 502
JUDGMENT (See Verdict and Judgment)
JUDICIAL CIRCUITS Cherokee; add judge..............................................................................................HB 269 Clayton; judges; allocation of duties.....................................................................HB 167 Gwinnett; add judge ..............................................................................................HB 282
JULIEN B. RODDENBERY, SR. MEMORIAL DRIVE; designate...................HR 620
JUNIOR ACHIEVEMENT HISPANIC INITIATIVE; commend......................HR 777
JURIES Grand juries; certain judges draw from electronic jury box .................................HB 580 Special grand juries; certain counties and consolidated governments; amend .....HB 994 Trial juries; panels; selection; equal number of peremptory strikes ........................SB 27 Trial juries; peremptory challenges; alternate jurors ............................................HB 859 Trial juries; state and defense; equal peremptory strikes......................................HB 299
JURISDICTION AND VENUE Banking and finance, civil practice, state government, torts; civil actions; substantive revisions ...................................................................HB 792 Juvenile court jurisdiction; temporary child support order...................................HB 273
Refer to numerical index for page numbers

4132

INDEX

JUVENILE PROCEEDINGS Abortion; parental notification..............................................................................HB 574 Abortion; parental notification; identification requirements ................................HB 466 Adoptions and child-placing agencies; records access; birth records; practices and procedures........................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Adoptions; name change of office; amend provisions..........................................HB 176 Child placement orders; amend provisions............................................................SB 236 Child support and custody issues; deprived child; juvenile court jurisdiction ........SB 80 Courts; certain clerks; continuing education.........................................................HB 995 Deprived children; amend provisions ....................................................................SB 148 Deprived child; temporary legal custody; provisions .............................................HB 41 Discovery and disclosure provisions......................................................................SB 116 Discovery and inspection; regulate .......................................................................HB 172 Disposition and evidence against child in civil action.............................................SB 48 Interstate Compact for Juveniles; enact ................................................................HB 955 Judicial Retirement; certain creditable service .....................................................HB 557 Juvenile court judges; compensation from state funds; adjustment......................HB 502 Juvenile court; jurisdiction; temporary child support for deprived child .............HB 655 Juvenile court; jurisdiction; temporary child support order..................................HB 273 Juvenile traffic offenses; jurisdiction; remove from juvenile court......................HB 740 Parental power, grandparent visitation, adoption; prohibition; certain conviction..............................................................................................HB 330 Redefine child .......................................................................................................HB 905 Redefine child; include status offender.................................................................HB 470 Schools; local boards; adopt truancy policy .........................................................HB 900 Sibling group placement and visitation; amend provisions ................................HB 1025 Youthful offenders; amend provisions..................................................................HB 670

K

KEENEY, PRIVATE JOHN ADAM; commend...................................................HR 805 KEEP GEORGIA BEAUTIFUL PROGRAM; commend ...................................HR 204 KEEP JONES BEAUTIFUL; commend ................................................................HR 640 KEITH KALLAND CONNECTOR; designate.....................................................HR 132 KELLEY, BRITTANI; 4-H honoree; commend ....................................................HR 192

Refer to numerical index for page numbers

INDEX

4133

KELLY, COACH DICK; commend.......................................................................HR 395
KEMP ELEMENTARY SCHOOL; commend .....................................................HR 570
KENNEDY, NANCY C.; commend........................................................................HR 153
KENNESAW, CITY OF Corporate limits.....................................................................................................HB 693 Gateway Regional Information Center, Inc.; Cobb County public rest stops ......HB 916
KENYON, JUDGE ALLEN RICHARD (DICK); condolences ...........................HR 391
KING, DR. MARTIN LUTHER, JR. Martin Luther King, Jr., Bypass; designate ..........................................................HR 115 Martin Luther King, Jr. Commission; create ........................................................HB 243 Martin Luther King, Jr. State Holiday Commission; create .................................HB 718
KING, PHILLIP E.; commend .................................................................................HR 58
KITCHEN, WILLIE "BEN"; condolences............................................................HR 315
KITCHENS, BARBARA; commend ......................................................................HR 578
KITCHENS, GORDON E., JR.; commend ...........................................................HR 577
KNIGHT, JENNA; 4-H honoree; commend ...........................................................HR 169
KNIGHT, MICHELLE; commend.........................................................................HR 776
KNIGHT, REVEREND JERRY; commend ............................................................HR 17
KRUEGER, WILLIAM KIRK, JR.; commend ....................................................HR 932
KUBOTA MANUFACTURING OF AMERICA; commend ...............................HR 850
KUPERBERG, KENNETH; commend..................................................................HR 479

L

LA VISION DE GEORGIA SECOND ANNUAL AWARDS; recognize ...........................................................................................HR 763
Refer to numerical index for page numbers

4134

INDEX

LABOR AND INDUSTRIAL RELATIONS Contracts; public works; prohibit certain requirement .......................................HB 1009 Employment; crime victims; unpaid leave to attend proceedings ........................HB 508 Employment; discharge because of absenteeism; amend provisions ...................HB 112 Employment security; certain persons seeking part-time work............................HB 591 Employment security; contribution rates; employee leasing companies and professional employer organizations ........................................SB 167 Employment security; exclude services by certain corporate officers....................HB 16 Equal Pay Day; designate April 15, 2003 .............................................................HR 678 Industries for the Blind; manufactured products; purchase by state employees; exception ..........................................................................HB 256 Motor vehicles; registration; proof of insurance...................................................HB 610 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 Subsequent Injury Trust Fund; dissolution ...........................................................HB 570 Subsequent Injury Trust Fund Joint Study Committee; create .............................HR 263 Supplemental appropriation; Department of Labor ..............................................HB 647 Supplemental appropriation; Department of Labor ..............................................HB 735 Unclaimed property; disposition of unpaid wages; change provisions ................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned ...................HB 733 Unemployment benefits; additional ground for disqualification ..........................HB 731 Unemployment benefits; eligibility; employee leasing companies, etc..............HB 1001 Unemployment benefits; eligibility; military transfer of spouse ..........................HB 117 Unlawful discriminatory practices; prohibit .........................................................HB 633 Workers' compensation; certain medical treatment; authorization; denial ...........HB 404 Workers' compensation; employee's medical treatment; disability; benefits ........SB 233 Workers' compensation; total and temporary partial disability; benefits .............HB 429
LAGRANGE, CITY OF Gas Authority Act; enact........................................................................................SB 158 Gas Authority; create ............................................................................................HB 673
LAGRANGE PERSONAL AID ASSOCIATION, INC.; commend ...................HR 671
LAKE CITY, CITY OF; homestead exemption ....................................................HB 403
LAKES (See Rivers, Lakes, and Harbor Development)
LAND (See Property)
LANDLORD AND TENANT; tenant's goods; landlord's responsibility ...............HB 762
LANE, ELLEN; commend.......................................................................................HR 811

Refer to numerical index for page numbers

INDEX

4135

LANE, HONORABLE BOB; communication; absent due to illness ...................Page 829
LANGDALE, HONORABLE W. P. BILLY State Board of Transportation; election; Second Congressional District ...........Page 322
LANIER COUNTY TEACHERS OF THE YEAR; commend............................HR 284
LANIER, STACY; commend ..................................................................................HR 458
LANIERLAND MUSIC PARK; commend..............................................................HR 98
LAURENS COUNTY; board of education; elections .............................................HB 970
LAVONIA, CITY OF; corporate limits ..................................................................HB 910
LAW ENFORCEMENT OFFICERS AND AGENCIES Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ...............................................................SR 35 Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Children of certain officers; tuition-free college; General Assembly provide by law CA..........................................................................HR 26 Children of deceased POST officers; urge free college tuition ..............................HR 23 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants................................................................HB 140 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth activities..................................................SB 198 Dentistry; dental coverings; practicing without a license; authorize arrest ..........HB 430 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Driving under the influence; alcohol or drugs; new offense of refusal to submit to chemical testing...............................................................SB 13 Emergency management agencies; certain employees; indemnification...............SB 218 Emergency management; unified incident command system; provisions.............SB 243 Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits .................................................................HB 491 Employees' Retirement; certain law enforcement personnel; amend provisions ................................................................................................HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Employees' Retirement; certain public safety personnel; enhanced benefit.........HB 548 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123

Refer to numerical index for page numbers

4136

INDEX

First offenders; records disclosure when applying for certain employment............SB 22 Handguns; license fees; exempt law enforcement officers...................................HB 499 Home arrest program; qualifications; supervision; pretrial arrestees ...................HB 272 House Study Committee on Law Enforcement Retirement; create ......................HR 238 Indigent Defense Act; enact; circuit public defenders ..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental
health advocacy ................................................................................................HB 770 Indigent Defense Act; enact; multicounty capital defender;
circuit public defender .......................................................................................SB 102 Law enforcement agencies; emergency response and vehicular
pursuit policies...................................................................................................SB 292 Law Enforcement Museum and Hall of Fame; support creation..........................HR 681 Law enforcement officer in unmarked vehicle; identification..............................HB 350 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158 Law enforcement officers stopping motorists; prohibit race considerations ........HB 818 License to carry pistol; no fee ...............................................................................HB 870 Motor vehicle for certain warden; repeal provisions ............................................HB 340 Motor vehicles abandoned on public property; removal by peace officer............HB 950 Pardons and paroles; notification of decision .......................................................HB 582 Peace Officer and Prosecutor Training Fund; receipts and
appropriations; accounting provisions.................................................................SB 46 Peace Officers' Annuity and Benefit; creditable service for
certain prior service ........................................................................................HB 1027 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 Peace Officers' Annuity and Benefit; increase dues .............................................HB 268 Peace Officer Standards and Training Council; membership...............................HB 152 Peace officer training costs; reimbursement; change of employment ...................SB 215 Personal property in custody of law enforcement agency; disposition.................HB 484 Police chiefs and department heads; observe day of recognition, 3/12/03 .............HR 40 Reckless conduct against peace or correctional officer; HIV or
hepatitis infected person ...................................................................................HB 711 Reckless conduct; certain assault by person infected with HIV
or hepatitis; endangering peace or correctional officers......................................SB 20 School attendance officers; authority; certain peace officers; duties....................HB 395 Sheriffs; change qualifications..............................................................................HB 612 Sheriffs engaging in certain businesses; violation of oath of office .....................HB 415 Sheriff's services; increase certain fees.................................................................HB 824 State fire marshal; law enforcement personnel and powers ..................................SB 345 Surcharges for certain public safety employees; remove certain limitations .......HB 547 Terrorism Prevention Act of 2003; Criminal Justice Coordinating
Council membership; training of airport managers...........................................SB 187 Transportation department investigators; transportation
funds; toll revenues............................................................................................SB 221

Refer to numerical index for page numbers

INDEX

4137

Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding ...............................SB 333
LAWSON, HONORABLE EUGENE; commend .................................................HR 860
LEADERSHIP CLAYTON CLASS OF 2002-2003; invite to House...................HR 240
LEDBETTER, LAUREN; 4-H honoree; commend................................................HR 165
LEE COUNTY; reimbursement for collecting school taxes ...................................HB 958
LEE, PHILLIP THOMAS; commend ....................................................................HR 381
LEGISLATIVE COUNSEL; communications...............................Pages 20, 21, 133, 159
LEGISLATIVE RETIREMENT SYSTEM General Assembly; membership; prior service.....................................................HB 300
LEMING, PAT; commend.......................................................................................HR 457
LEMON, HONORABLE DANA L. State Board of Transportation; election; Thirteenth Congressional District ....................................................................................Page 329
LENIHAN, ROBERT J.; commend........................................................................HR 329
LEVY, DR. NATALIE KOCH; invite to House ....................................................HR 532
LIABILITY AND LIABILITY INSURANCE Bonds and recognizances; sureties and forfeitures; amend provisions...............HB 1007 Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Child care facilities; liability insurance coverage ...................................................SB 24 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Contracts; cigarette dealers and manufacturers; prohibitions...............................HB 485 Crimes against children; amend provisions; criminal liability .............................HB 197 Day-care facilities; licensing; liability insurance required ...................................HB 433 Guardian ad litem; civil liability; qualified immunity ..........................................HB 264 Guardian ad litem; liability for damages; immunity................................................SB 44 Gun-free zones; certain injuries; liability................................................................HB 31 Hospital Insurance Authority Act; enact...............................................................HB 776 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................HR 819 Judicial sales later rescinded; limitation of damages ............................................HB 301

Refer to numerical index for page numbers

4138

INDEX

Local boards of education; certain benefits; authorize funds ...............................HB 328 Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 Selling and trade practices; certain equipment and materials;
retention of title.................................................................................................HB 829 Terrorism Prevention Act of 2003; Criminal Justice Coordinating
Council membership; training of airport managers...........................................SB 187 Torts; federal smallpox vaccination program; hospitals and
health care providers..........................................................................................SB 336 Torts; fees and costs of litigation; recovery ..........................................................HB 417 Torts; structured settlement payment rights; court filings; cancellation rights .....SB 174 Vehicle liability insurance; cancellation by member of armed
forces ordered abroad ........................................................................................SB 280 Workers' compensation; total and temporary partial disability; benefits .............HB 429
LIBERTY COUNTY Board of elections and registration; create; repeal certain Act .............................HB 756 Civil cases; technology fees ..................................................................................HB 804 Public facilities authority; create...........................................................................HB 944
LIBERTY DAY IN GEORGIA; recognize ............................................................HR 867
LIBRARIES Children's Internet Protection Act; enact; schools, libraries, funding for computers..........................................................................................SB 52 County law libraries; board of trustees; DA membership; use of collected funds .....................................................................................................SB 83 State licensing board; reduce number of members ...............................................HB 597
LICENSE PLATES AND REGISTRATION Alternative fueled vehicles; hybrid vehicles; designated travel lanes ..................HB 436 Georgia War Veterans Nursing Home Trust Fund; create; special license plates.........................................................................................HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates CA ...........................................................................................HR 614 Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices ..........................HB 719 House Study Committee on Special License Plates; create..................................HR 407 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 254 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 286 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates.........................................................................HB 428

Refer to numerical index for page numbers

INDEX

4139

Intellectually disabled health and fitness program; special plates CA ..............HR 225 License plates and special plates; placement on vehicle ......................................HB 685 License plates; disabled veteran; vehicle owned by certain trust .........................HB 611 Motor vehicle license fees and classes; amend definitions.....................................HB 67 Motor vehicles; certain proof of insurance; amend provisions...............................HB 86 Motor vehicles; certain records; subject to Driver's Privacy Protection Act........HB 743 Motor vehicles; registration and insurance provisions; amend.............................HB 191 Motor vehicles; registration; proof of insurance...................................................HB 610 Motor vehicles; temporary registrations; extend time ..........................................HB 575 Off-road vehicles; registration; amend provisions................................................HB 260 Special license plates; administrative process; applications.................................HB 901 Special license plates; AIDS Survival Project ......................................................HB 593 Special license plates; Boy Scouts of America.....................................................HB 205 Special license plates; Boy Scouts of America.....................................................HB 280 Special license plates; Choose Life, Inc................................................................HB 630 Special license plates; colleges or universities; amend provisions.......................HB 902 Special license plates; community greenspace preservation trust fund CA ......HR 587 Special license plates for persons with disabilities; include disabled parent.........SB 301 Special license plates honoring Masons; revenue provisions .............................HB 1041 Special license plates; professional sports team foundations ................................SB 228 Special license plates promoting charitable organizations; provisions CA .......HR 857 Special license plates; Purple Heart, Bronze Star, Silver Star,
and Distinguished Service Cross recipients.......................................................SB 120 Special license plates; restoration of wild turkey populations..............................HB 440 Special license plates; retired reservists or National Guard members..................HB 274 Special license plates; "Share the Road" message; motorists and bicyclists.........SB 283 Special license plates; Thanks Mom and Dad Fund .............................................HB 214 Special license plates; United States flag..............................................................HB 473 Transporting motor vehicles and mobile homes; dealer license
plates; restrict use ...............................................................................................HB 84
LICENSES (Also, see Named License) Adult Day Center for Aging Adults Licensure Act; enact....................................HB 318 Adult entertainment; licensing; urge DeKalb County enforce existing laws .......HR 820 Air ambulance services; licensure and regulation......................................................SB 7 Athletic and Entertainment Commission; amend provisions................................HB 558 Certain deaths; persons in compensated care; notify coroner...............................HB 357 Check cashing businesses; licensure; change certain exemption .........................HB 680 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Community living arrangements and drug abuse treatment and education programs; licensure; regulations........................................................................SB 264 Contact lenses; sales or dispensing; comprehensive revision of provisions.........HB 981

Refer to numerical index for page numbers

4140

INDEX

Day-care; certain pre-kindergarten programs; licensing; exemptions ..................HB 525 Day-care facilities; licensing; liability insurance required ...................................HB 433 Dentistry; dental coverings; practicing without a license; authorize arrest ..........HB 430 Drivers' licenses; acknowledgment of implied consent law .................................HB 816 Drivers' licenses and identification cards; prohibit fingerprinting........................HB 490 Drivers' licenses; certain out-of-state applicants; on-the-road driving
test not required ................................................................................................HB 616 Drivers' licenses; certain suspension; limited driving permits..............................HB 169 Drivers' licenses; certain suspension; limited driving permits..............................HB 185 Drivers' licenses; Class D permit holders; limitations ..........................................HB 187 Drivers' licenses; exempt certain persons from driving exam ..............................HB 483 Drivers' licenses for minors; amend provisions; driver training
schools and commercial driver training schools...............................................HB 447 Drivers' licenses for minors; certain instructors sign application .........................HB 452 Drivers' licenses; ignition interlock devices; amend provisions ...........................HB 449 Drivers' licenses; residency requirements; veteran's license.................................HB 356 Drivers' licenses; revocation; destruction of surrendered licenses .......................HB 620 Drivers' licenses; young drivers; amend provisions..............................................HB 124 Driver training schools and driver's education programs; licensing.....................HB 450 Financial institutions; comprehensive revision of provisions..................................SB 78 Fireworks; pyrotechnic displays; licensure and regulations ..................................SB 213 Handguns; license fees; exempt law enforcement officers...................................HB 499 Health; micropigmentation practitioners; licensure..............................................HB 797 Human resources; Choose Life adoption support program;
special license plates.........................................................................................HB 254 Human resources; Choose Life adoption support program;
special license plates.........................................................................................HB 286 Hunting; amend provisions; commercial deer hunting preserves.........................HB 247 Hunting and fishing; amend license provisions; hunting alligators
and certain other wildlife; amend regulations ..................................................HB 815 License to carry pistol; law enforcement officer; no fee ......................................HB 870 Licensing boards; complaints against licensee; athletic trainers;
licensing violations ...........................................................................................HB 352 Massage Therapy Licensure Act; enact ................................................................HB 368 Motor vehicle franchises; warranty reimbursement agreements; enforcement ....HB 581 Motor vehicles; certain violations; life imprisonment or death ..............................HB 11 Motor vehicles; radios and mobile phones; prohibit certain use ..........................HB 125 Motor vehicles; temporary registrations; extend time ..........................................HB 575 Off-road vehicles; registration; amend provisions................................................HB 260 Professional counselors; foreign born, English speaking;
temporary licenses ............................................................................................HB 625 Professional counselors; licensing; exempt disaster relief services......................HB 206

Refer to numerical index for page numbers

INDEX

4141

Real estate appraisers, brokers, and salespersons; amend provisions; community association managers.....................................................................HB 177
Residential and General Contractors, State Licensing Board; create .................HB 1003 Residential Contractors, State Licensing Board; create........................................HB 109 Roofing contractors; regulation ..........................................................................HB 1037 Sex offender registration; amend provisions ........................................................HB 463 State licensing boards; reduce number of members..............................................HB 597 Surgical assistants; licensure; Composite State Board of
Medical Examiners .........................................................................................HB 1008 Transporting motor vehicles and mobile homes; dealer license
plates; restrict use ...............................................................................................HB 84 Uniform rules and drivers' licenses; probation restrictions...................................HB 863 Used car dealers; surety bond ...............................................................................HB 585 Vehicle Protection Product Act; enact ..................................................................HB 688 Water well contractors; licensing; amend provisions ...........................................HB 304 Wild animal permit; exempt Bengal cat ...............................................................HB 227
LIENS (See Mortgages and Liens)
LIEUTENANT GOVERNOR Communication .....................................................................................................Page 22 General Assembly, Lt. Governor, House Speaker; term limits CA...................HR 354 Joint session; inauguration of Governor and Lieutenant Governor ..........................SR 3 Salaries of certain state officials; 10 percent reduction ........................................HB 222
LIFE INSURANCE Employees' Retirement; group term life insurance; definition .............................HB 607 Insurance premium taxes; change provisions .......................................................HB 530 Life insurance on employee; procedures for employer purchase; written consent of insured..................................................................................SB 156
LILES, F. GRAHAM, JR.; commend ....................................................................HR 647
LILLY, TINA; commend.........................................................................................HR 478
LIMOUSINE CARRIERS AND TAXICABS Limousine carriers; annual inspection reports ......................................................HB 455 Taxicabs; regulation by Department of Motor Vehicle Safety.............................HB 437
LITTER Roadside beautification; public rights of way; provisions....................................HB 180

Refer to numerical index for page numbers

4142

INDEX

LITTLEFIELD, JACQUELYN; commend ...........................................................HR 717
LIVESTOCK Agriculture Commissioner; retention and use of moneys.....................................HB 569 Control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations ......................................SB 183 House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 Uniform rules; securing vehicle loads; live animal provisions.............................HB 460
LOANS Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ....................................SB 157 House Study Committee on Lending and Financial Services; create ...................HR 703
LOBBYING AND LOBBYISTS Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Ethics in government; amend provisions ..............................................................HB 771 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................SB 109 Lobbying practices; state government; prohibit public funds.................................HB 15
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Annexation; effective date; declaratory judgment provisions ............................HB 1031 Annexation; 60 percent method; best interest determination .............................HB 1032 Annexation; unincorporated islands; objections ...................................................HB 601 Bottled water; consumption in public transit bus or rapid rail car or station; provisions; exception ...........................................................................HB 175 Budgets and audits; grant certification; amend provisions ...................................HB 561 Certain counties; certain limitation on annexation; repeal ...................................HB 906 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Contracts; public works; prohibit certain requirement .......................................HB 1009 Counties and municipalities; agencies assisting refugees; certain reports..........HB 1002 Counties and municipalities; certain building permits; notice to local boards of education and Department of Transportation ..........................HB 432 Counties; consolidation; intergovernmental agreement and referendum .............HB 392 Counties; increase maximum to 160 CA ...........................................................HR 349 County law libraries; board of trustees; DA membership; use of collected funds .....................................................................................................SB 83 Elections; qualifying fees; certain county officials; calculation ............................SB 153 Emergency management agencies; certain employees; indemnification...............SB 218 Enterprise zones; additional qualifying businesses and services; enforcement of local codes; certain limitation .................................................HB 748

Refer to numerical index for page numbers

INDEX

4143

Financial transactions; annual audits ....................................................................HB 666 Greenspace Trust Fund; interest; expenditure provisions.....................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions .................SB 247 Homeowner tax relief grants; alternative uses CA ............................................HR 258 Homestead option sales tax; referendum; disbursement of proceeds ...................HB 522 House Study Committee on Local Government Infrastructure; create.................HR 700 Incorporation of municipalities; minimum distance requirements .......................HB 136 Indigent Defense Act; enact; circuit public defenders ..........................................HB 828 Indigent Defense Act; enact; circuit public defenders; mental
health advocacy ................................................................................................HB 770 Indigent Defense Act; enact; multicounty capital defender;
circuit public defender .......................................................................................SB 102 Inmate labor; removing graffiti from certain private property;
victim compensation.........................................................................................HB 144 Joint development authorities; county of this state and contiguous
county of adjoining state; sports facility or amphitheater ................................HB 309 Local code enforcement; repeat violations; amend provisions.............................HB 714 Local option sales tax; additional county 1% levy; authorization ........................HB 297 Municipal charter commissions; create.................................................................HB 151 Municipal charter commissions; create; provisions.................................................SB 43 Municipalities; lease property to certain nonprofit corporation ...........................HB 423 Municipal landfill; distance requirement from residence .....................................HB 496 New counties; procedures for creating; County Formation Review
Commission ......................................................................................................HB 658 New municipality; creation; minimum distance; sales tax distribution................HB 315 OCGA; conform references to House and Senate committee names ...................HB 846 Revenue bonds; hedge contracts; powers of governmental bodies ......................HB 544 Revenue bonds; issuance of obligations; amend provisions.................................HB 766 Revenue bonds; redefine undertaking; remove certain
referendum requirement....................................................................................HB 689 Rock quarries; licensing and regulation by local governments ............................HB 895 Sales tax exemption; food and beverages; repeal; homeowner's
incentive adjustment trust fund.........................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's
incentive adjustment CA ...............................................................................HR 108 Service delivery strategy; certain franchise fees; offset certain costs...................HB 262 State and Local Tax Revision Act of 2003; enact...................................................HB 43 State, local governments, local boards of education; timely payment
of goods and services........................................................................................HB 725 Technology and indigent defense fees and certain fines; authorize .....................HB 240 Transfer of development rights; amend provisions .................................................SB 86 Uniform rules of the road; traffic-control signal monitoring devices;
civil monetary penalties....................................................................................HB 182

Refer to numerical index for page numbers

4144

INDEX

War on Terrorism Local Assistance Act; enact ....................................................HB 595 War on Terrorism Local Assistance Act; enact; revenue
bonds; gas facilities..............................................................................................SB 87 Zoning procedures; time when action may not be taken ......................................HB 510
LOCAL OPTION SALES TAX Additional county 1% levy; authorization ............................................................HB 297 Local sales taxes; limitation; certain exclusions ...................................................HB 709 Special county 1% sales tax; amend provisions....................................................HB 572
LOCUST GROVE, CITY OF Elected officials; members of boards, commissions, and authorities ...................HB 939
LONG COUNTY Board of education; compensation........................................................................HB 710 Probate judge; nonpartisan election ......................................................................HB 584 Probate judge; time of nonpartisan elections .........................................................SB 371
LONG, JANET; commend ......................................................................................HR 310
LOTTERY FOR EDUCATION Bona fide coin operated amusement machines; regulation...................................HB 891 HOPE scholarships; eligibility; schools with certain accreditation....................HB 1011 HOPE scholarships; private colleges; certain part-time eligibility.......................HB 341 Improvement of the HOPE Scholarship Joint Study Commission; create ............SR 220 Proceeds; compensation to retailers......................................................................HB 934 Proceeds; compensation to retailers......................................................................HB 978 Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342 Tuition equalization grants; private colleges and universities; eligibility and use...............................................................................................SB 244
LOWNDES COUNTY Board of commissioners; powers and duties..........................................................SB 362 Board of commissioners; reapportion ...................................................................HB 896 Education districts; reapportion ............................................................................HB 665
LOYALTY DAY; recognize May 1, 2003...............................................................HR 643
LT. COL. DOYCE ARIAIL HIGHWAY; designate ............................................HR 128
LUCAS, HONORABLE DAVID; committee assignment .....................................Page 17
LULA, CITY OF; council districts; reapportion .....................................................HB 386

Refer to numerical index for page numbers

INDEX

4145

LUMPKIN COUNTY Board of elections and registration; create............................................................HB 682 U. S. military personnel who served in Iraq; commend .......................................HR 934
LYNCH, PAUL D.; condolences .............................................................................HR 692
LYNESS, CHIP; commend......................................................................................HR 491
LYONS, CITY OF; homestead exemption; base year assessed value ....................HB 780

M

MACEDONIA BAPTIST CHURCH OF GUYTON; commend.......................... HR 430
MACON, CITY OF Board of water commissioners; amend pension plan ........................................... HB 987 Water authority; political subdivision of state ...................................................... HB 988
MACON COUNTY Board of commissioners; election of members; revise districts ............................SB 276 Board of education; election of members; revise districts.....................................SB 275 Board of elections and registration; create............................................................ HB 913 Board of elections and registration; create.............................................................SB 369 Convey property.....................................................................................................SR 121
MACON-BIBB COUNTY 2003 Cherry Blossom Festival; invite officials to House ..................................... HR 231
MADDOX, HONORABLE GEORGE; committee assignment ............................ Page 19
MADISON COUNTY Probate judge, chief magistrate; nonpartisan elections..........................................SB 373 U. S. military personnel who served in Iraq; commend ....................................... HR 918
MAGISTRATE COURTS County and state ordinances; violation; increase penalty ..................................... HB 226 County judicial offices; nonpartisan elections; provide by local Act ..................... HB 47 Courts; certain clerks; continuing education......................................................... HB 995 Magistrates and chief magistrate; nonpartisan elections ...................................... HB 639 Magistrates Retirement Fund; create .................................................................... HB 618 Violation of certain ordinances; increased jail time.............................................. HB 879
Refer to numerical index for page numbers

4146

INDEX

MAGNOLIA MANOR, THE SOUTH GEORGIA METHODIST HOME FOR THE AGING, INC.; 40th anniversary; commend ....................... HR 536
MALCOM, JUDY; commend ................................................................................. HR 456
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MANNING, HONORABLE JUDY; communication; absent due to illness..... Page 1024
MAPLE, DR. TERRY; commend ........................................................................... HR 708
MARIETTA, CITY OF Cobb County-Marietta Water Authority; amend provisions ................................ HB 687
MARIJUANA Bulletproof vest; unlawful during commission of certain offenses ...................... HB 173 Controlled substances; attempt or conspiracy to commit offense; sentence......... HB 605 Increase criminal penalties.....................................................................................SB 205 Psychologists; authority to prescribe drugs; create psychopharmacological formulary ................................................................... HB 717 Reduce quantity for trafficking prosecution ......................................................... HB 196 Substance Abuse and Crime Prevention Act; enact.............................................. HB 603
MARION COUNTY Board of elections and registration; create............................................................ HB 850 Education districts; reapportion ............................................................................ HB 768
MARKETTE, HAYDEN AUGUSTUS; commend................................................ HR 123
MARKLEY, ROBERT; commend ......................................................................... HR 477
MARRIAGE (See Domestic Relations)
MARSHALL, BILLY; commend............................................................................ HR 654
MARSHLANDS (See Coastal Marshlands)
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY)
Airports receiving state financial assistance; certain repayment .......................... HB 886 Bottled water; consumption in public transit bus or rapid rail car or
station; provisions; exception ........................................................................... HB 175 Joint MARTA Finance Study Committee; create ................................................. HR 147

Refer to numerical index for page numbers

INDEX

4147

Joint MARTA Finance Study Committee; create ................................................. HR 397 MARTA; certain board members; voting power .................................................. HB 745 MARTA; reserve funds; use of interest income for operating costs .....................SB 136 Mass transportation service; increase limit of state funds .................................... HB 263 Public roads; allocation of state and federal funds; remove
MARTA provisions ...........................................................................................SB 127 Public transit; buses, rapid rail cars, stations; allow bottled water ....................... HB 778 Transit buses; use of emergency lanes...................................................................SB 256 Transportation department; unsolicited proposals; use of state funds
in mass transportation projects ..........................................................................SB 257
MARTIN LUTHER KING, JR., BYPASS; designate .......................................... HR 115
MASON, C. F. "COOTE"; condolences ................................................................ HR 447
MASS TRANSPORTATION Airports receiving state financial assistance; certain repayment .......................... HB 886 Alternative fueled vehicles; hybrid vehicles; designated travel lanes .................. HB 436 Bottled water; consumption in public transit bus or rapid rail car or station; provisions; exception ........................................................................... HB 175 Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .......................... HB 719 House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; create................................................................. HR 760 Joint MARTA Finance Study Committee; create ................................................. HR 147 Joint MARTA Finance Study Committee; create ................................................. HR 397 MARTA; certain board members; voting power .................................................. HB 745 MARTA; reserve funds; use of interest income for operating costs .....................SB 136 Mass transportation service; increase limit of state funds .................................... HB 263 Public-Private Infrastructure Act of 2003; enact ..................................................SB 273 Public roads; allocation of state and federal funds; remove MARTA provisions ...........................................................................................SB 127 Public transit; buses, rapid rail cars, stations; allow bottled water ....................... HB 778 Public transportation; corporation or authority; General Assembly create CA ...................................................................................... HR 818 Transit buses; use of emergency lanes...................................................................SB 256 Transportation department; unsolicited proposals; use of state funds in mass transportation projects ..........................................................................SB 257 Weapons; unauthorized possession; affirmative defense ..................................... HB 193
MASSAGE THERAPY LICENSURE ACT; enact .............................................. HB 368
MASSELL, SAM AND DORIS; commend............................................................ HR 215

Refer to numerical index for page numbers

4148

INDEX

MASSENGALE, KATHY; recognize kindergarten class....................................... HR 922
MAXWELL, FRANCES BALDWIN; commend .................................................. HR 122
MAYE, MOTHER ZORA LEE; condolences ....................................................... HR 540
MCCLESKEY, DAVID; commend ........................................................................ HR 282
MCCLINTON, HONORABLE EMORY State Board of Transportation; election; Fifth Congressional District ............... Page 324
MCCOMMONS, SUSAN; commend...................................................................... HR 492
MCCONNELL, GARY W.; commend ................................................................... HR 756
MCDANIEL, JOANN T.; condolences................................................................... HR 553
MCDONALD, TRAVIS; condolences .................................................................... HR 425
MCDUFFIE COUNTY Grant easement.......................................................................................................SR 120 Probate judge; nonpartisan elections..................................................................... HB 888
MCGAHEE, DR. OLLIE O., JR.; commend......................................................... HR 181
MCGHEE, LINDA; commend ................................................................................ HR 493
MCINTOSH COUNTY Board of education; provide new districts .............................................................SB 372 Education districts; reapportion ............................................................................ HB 949 Grant easement ......................................................................................................SR 120 Probate judge; nonpartisan elections..................................................................... HB 805
MCKIE, JOEL Southern Region Vice President of the National Future Farmers of America; commend ........................................................................ HR 220
MEADE, HELEN; commend .................................................................................. HR 698
MEADOWS, FRANCES; condolences..................................................................... HR 37
MEADOWS, LORI; commend ............................................................................... HR 916

Refer to numerical index for page numbers

INDEX

4149

MEADOWVIEW ELEMENTARY SCHOOL Commend; invite principal and school board officers to House........................... HR 557
MEDICAL ASSISTANCE Nursing Home Provider Fee Act; enact ................................................................ HB 526 State excise tax on tobacco products; fund state Medicaid program CA .......... HR 229
MEDICAL CENTER AUXILIARY OF COLUMBUS, GEORGIA 40th anniversary; commend .................................................................................. HR 715
MEDICAL CONSENT Abortion; Woman's Right to Know Act; enact ....................................................... HB 23 Abortion; Woman's Right to Know Act; enact ....................................................... HB 52 Abortion; Woman's Right to Know Act; enact ........................................................SB 23 Senate Bill 23; urge consideration by House ........................................................ HR 722 Surgical or medical treatment; mental patients; representative give consent ....... HB 700
MEELER, KEVIN; commend................................................................................. HR 455
MENDEZ, DANIEL; commend .............................................................................. HR 516
MENOCAL, VICTOR; commend .......................................................................... HR 304
MEN'S HEALTH, COMMISSION ON Medical education and physician workforce; provisions........................................ HB 56 Presiding officer; term............................................................................................. HB 45
MENTAL HEALTH Assisted living facilities; Levels I and II; provisions.......................................... HB 1033 Certain deaths; persons in compensated care; notify coroner............................... HB 357 Community living arrangements and drug abuse treatment and education programs; licensure; regulations ................................................SB 264 Community service boards; revenue maximization efforts; commend ................ HR 694 Day-care; certain pre-kindergarten programs; licensing; exemptions .................. HB 525 First offenders; records disclosure when applying for certain employment............SB 22 Health maintenance organizations; mental disorders; point-of-service options .................................................................................... HB 145 Indigent Defense Act; enact; circuit public defenders; mental health advocacy..................................................................................... HB 770 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates......................................................................... HB 428 Intellectually disabled health and fitness program; special plates CA .............. HR 225

Refer to numerical index for page numbers

4150

INDEX

Mental illness and suicide in youth; urge screening of children and adolescents ................................................................................................. HR 563
Mentally retarded; habilitation; designated representatives; guardian ad litem .............................................................................................. HB 931
Psychologists; authority to prescribe drugs; create psychopharmacological formulary ................................................................... HB 717
State employees' health insurance; certain community service retirees ............... HB 594 Surgical or medical treatment; mental patients; representative give consent ....... HB 700
MENTALLY RETARDED Assisted living facilities; Levels I and II; provisions.......................................... HB 1033 First offenders; records disclosure when applying for certain employment............SB 22 Habilitation; designated representatives; guardian ad litem ................................. HB 931 Intellectually disabled health and fitness program; special plates CA .............. HR 225 Psychologists; authority to prescribe drugs; create psychopharmacological formulary ................................................................... HB 717 Surgical or medical treatment; mental patients; representative give consent ....... HB 700
MERIT SYSTEM (Also, see State Employees or State Government) Commend .............................................................................................................. HR 605 Former state employees; return to service; forfeited sick leave restored.............. HB 289 Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation ....... HB 708 State employees; certain office holders; use of annual and personal leave .......... HB 348
MERIWETHER COUNTY Board of elections and registration; create.............................................................SB 383 Probate judge; nonpartisan elections......................................................................SB 321
MERTS, CAMILLA MOORE; condolences ......................................................... HR 221
MESSER, DR. SUSAN; commend.......................................................................... HR 433
MICROTEL INN AND SUITES IN LITHONIA; commend............................... HR 813
MIKELL, ELDER JOHN SHELTON; commend ................................................ HR 538
MILESHKO, CHRISTOPHER; commend ........................................................... HR 726
MILFORD, HONORABLE WILLIAM D. (BILLY); condolences..................... HR 900

Refer to numerical index for page numbers

INDEX

4151

MILITARY AFFAIRS Australia and Prime Minister John Howard; coalition efforts in Iraq; commend.............................................................................................. HR 573 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Denmark and Prime Minister Rasmussen; coalition efforts in Iraq; commend.............................................................................................. HR 571 Driver's license application; use of military identification card ............................SB 262 Emergencies; firearms; repeal certain power of governor .................................... HB 411 Emergency management; unified incident command system; provisions.............SB 243 Foreign nations in coalition with U. S. in Iraq; commend.................................... HR 572 Georgia Emergency Management Agency; state government safety plans; exemptions................................................................................... HB 632 Georgia Military Pension Fund; certain ordered active duty not a break in service .............................................................................................. HB 461 Georgia Military Pension Fund; certain prior service; certain call to active duty.............................................................................................. HB 464 Georgia War Veterans Nursing Home Trust Fund; create; special license plates......................................................................................... HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates CA ........................................................................................... HR 614 Health insurance; state employees no longer covered by federal insurance plan ....................................................................................................SB 282 Historic preservation grants program; combat veterans' gravesites.......................SB 291 Income tax; exempt active duty military income.................................................. HB 118 Income tax; exempt military income ........................................................................ HB 9 Income tax; jobs tax credits; less developed areas; business closings in areas comprising military bases ........................................................SB 11 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations...........................SB 183 Missile defense system; declare support................................................................SR 232 Motor vehicle insurance; termination; exception; certain military personnel ............................................................................................. HB 171 Special license plates; Purple Heart, Bronze Star, Silver Star, and Distinguished Service Cross recipients.......................................................SB 120 Special U. S. flag license plate fees; certain education trust fund CA............... HR 322 State and Local Tax Revision Act of 2003; enact................................................... HB 43 State defense force; authority to use certain state property .................................. HB 303 State flag; prohibit certain symbols; exception..................................................... HB 899 Taxable net income; exclude certain military pay ................................................ HB 100 Taxable net income; exclude certain military pay ................................................ HB 310 Taxable net income; exclude certain military pay ................................................ HB 383

Refer to numerical index for page numbers

4152

INDEX

Torts; federal smallpox vaccination program; hospital employees and health care providers and workers; immunity.............................................SB 336
Unemployment benefits; eligibility; military transfer of spouse .......................... HB 117 Vehicle liability insurance; cancellation by member of armed
forces ordered abroad ........................................................................................SB 280
MILLEDGEVILLE, CITY OF Amend provisions ................................................................................................. HB 800 Commend on 200th anniversary ........................................................................... HR 185
MILLER COUNTY; probate judge; nonpartisan elections .................................... HB 779
MILLER, KIM; commend....................................................................................... HR 736
MILLIKEN, JOHN; commend ............................................................................... HR 465
MINERAL RESOURCES Rock quarries; licensing and regulation by local governments ............................ HB 895
MINISTERS UNITED FOR CLAYTON HARMONY; commend ..................... HR 673
MINORS Abortion; parental notification.............................................................................. HB 574 Abortion; parental notification; identification requirements ................................ HB 466 Adoption; prohibit the sale or offer for sale of a child by parent or guardian .......SB 281 Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Adoptions; name change of office; amend provisions.......................................... HB 176 Adult entertainment; licensing; urge DeKalb County enforce existing laws ....... HR 820 Charter schools; amend provisions ........................................................................SB 216 Child abuse records; access by Office of Readiness and Department of Education...................................................................................SB 201 Child care facilities; liability insurance coverage ...................................................SB 24 Child protective services; access to criminal history records ................................SB 200 Children and youth; day-care employees; require first aid and CPR training............................................................................................... HB 977 Children in protective custody; cost of care; reimbursement ............................... HB 489 Children's Internet Protection Act; enact; schools, libraries, funding for computers..........................................................................................SB 52 Child support and custody issues; deprived child; juvenile court jurisdiction ........SB 80 Cigarettes and tobacco products; prohibit possession by minors ......................... HB 653
Refer to numerical index for page numbers

INDEX

4153

Cigarettes and tobacco products; sales to minors; amend provisions................... HB 894 Colleges; meningococcal meningitis; vaccination or signed waiver .................... HB 199 Colleges; meningococcal meningitis; vaccinations .............................................. HB 521 College students; vaccination against meningococcal meningitis .........................SB 266 Computer Pornography and Child Exploitation Prevention Act;
unlawful acts; change penalties ...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties.............SB 124 Cosmetology; persons authorized to study; lower age from 17 to 16................. HB 1024 Criminal records; national background checks; child care, elder
care, disabled care, volunteers with youth activities .........................................SB 198 Cruelty to children; endangering a child in the second degree;
criminal negligence................................................................................................SB 1 Defense of Scouting Act; enact............................................................................... HB 37 Deprived child; temporary legal custody; provisions ............................................. HB 41 Driver education for minors; income tax credit .................................................... HB 813 Driver education fund; create; General Assembly provide by law CA ............. HR 699 Driver education; local boards offer as elective; funding ..................................... HB 281 Driver education; requirements; provisions.......................................................... HB 953 Drivers' licenses; certain suspension; limited driving permits.............................. HB 185 Drivers' licenses; Class D permit holders; limitations .......................................... HB 187 Drivers' licenses; exempt certain persons from driving exam .............................. HB 483 Drivers' licenses for minors; amend provisions; driver training
schools and commercial driver training schools............................................... HB 447 Drivers' licenses for minors; certain instructors sign application ......................... HB 452 Drivers' licenses; suspension; minors; controlled substance violation ............... HB 1023 Driver training schools and driver's education programs; licensing..................... HB 450 Education accountability; comprehensive revision of provisions ........................ HB 515 Education accountability; comprehensive revision of provisions;
Office of Student Achievement .........................................................................SB 248 Education expenditures; advanced placement test fees; class sizes;
sales tax for educational purposes .....................................................................SB 249 Education flexibility and accountability; comprehensive revision
of provisions ..................................................................................................... HB 516 Education; mandatory attendance; change age to 17 ............................................ HB 179 Education officials; recommending certain products to students;
prohibit compensation ...................................................................................... HB 478 Education; students under age 16; prohibit permanent expulsion ........................ HB 962 Elections; campaign activities; prohibit on certain grounds ................................... HB 49 Employment; written permission of parent or guardian ......................................... HB 13 Federal food stamp program for low-income Georgians; urge
Department of Human Resources adopt........................................................... HR 358 First offenders; records disclosure when applying for certain employment............SB 22

Refer to numerical index for page numbers

4154

INDEX

Furnishing alcoholic beverages to persons under 21 without seeing proper identification; rebuttable presumption .................................................. HB 716
Home school students; eligibility; extracurricular programs in public schools ....................................................................................................SB 210
House Study Committee on Adapted Athletics; create......................................... HR 743 Interstate Compact for Juveniles; enact ................................................................ HB 955 Juvenile court judges; compensation from state funds; adjustment...................... HB 502 Juvenile court jurisdiction; temporary child support for deprived child............... HB 655 Juvenile court jurisdiction; temporary child support order................................... HB 273 Juvenile proceedings; child placement orders; amend provisions.........................SB 236 Juvenile proceedings; deprived children; amend provisions .................................SB 148 Juvenile proceedings; discovery and disclosure provisions...................................SB 116 Juvenile proceedings; discovery and inspection; regulate .................................... HB 172 Juvenile proceedings; disposition and evidence against child
in civil action .......................................................................................................SB 48 Juvenile proceedings; redefine child..................................................................... HB 905 Juvenile proceedings; redefine child; include status offender .............................. HB 470 Juvenile proceedings; sibling group placement and visitation;
amend provisions ............................................................................................ HB 1025 Juvenile proceedings; youthful offenders; amend provisions............................... HB 670 Juvenile traffic offenses; jurisdiction; remove from juvenile court...................... HB 740 Keeping a place of prostitution; penalty provisions ................................................SB 77 Mental illness and suicide in youth; urge screening of children
and adolescents ................................................................................................. HR 563 Motor vehicles; safety restraints for children; change provisions ........................ HB 966 Open records; certain exemption; redact identifying information........................ HB 331 Pagers and electronic communication devices; possession by students ..................SB 29 Persons supervising children; criminal background checks;
National Crime Information Center.................................................................. HB 316 Quiet reflection in schools; clarification; silent prayer or meditation .................. HB 963 Schools; local boards; adopt truancy policy ......................................................... HB 900 Seat belts; child restraints; change age ................................................................. HB 217 Sex offender registration; amend provisions ........................................................ HB 463 Sexual exploitation of children; computer pornography; obscene
Internet contact with child ................................................................................ HB 462 Sexually violent predators; prohibit where minors congregate;
keeping a place of prostitution involving minors; penalties..............................SB 101 Sexual offenders; probation or parole; register prior to release............................ HB 577 Street gangs; prohibited activity; punishment provisions..................................... HB 381 Teen dating violence; prevention education program............................................SB 346 Textbooks of excessive weight; provisions to protect students from injury......... HB 412

Refer to numerical index for page numbers

INDEX

4155

Trials; young victims of certain crimes; closed circuit television for questioning ................................................................................. HB 400
Tuition equalization grants; private colleges and universities; eligibility and use...............................................................................................SB 244
Uniform rules of the road; leaving child unattended in car; fine........................ HB 1035 Virtual charter schools; provisions ........................................................................SB 203
MINYARD, GARY; commend................................................................................ HR 885
MISSILE DEFENSE SYSTEM; declare support....................................................SR 232
MITCHELL BAKER HIGH SCHOOL EAGLES Basketball team; commend ................................................................................... HR 452 Basketball team; invite coaches and players to House ......................................... HR 403 Varsity cheerleaders; commend ............................................................................ HR 533
MITCHELL COUNTY Mitchell and Baker counties; consolidated high school; expiration of contract.........................................................................................SB 381 Probate court judge; nonpartisan nomination and election....................................SB 382
MITCHELL, DENNIS; commend .......................................................................... HR 494
MITCHELL, FRANCIS MARIAN; condolences ................................................. HR 747
MOBILE HOMES Ad valorem tax exemption; farm equipment in inventory for resale................... HB 527 Manufactured homes and mobile homes; certificate of permanent location; provisions........................................................................................... HB 506 Transporting motor vehicles and mobile homes; dealer license plates; restrict use ............................................................................................... HB 84
MOBILE TELEPHONES Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ................................................................................... HB 908 Income tax credit; qualified broadband equipment............................................... HB 961 Motor vehicles; radios and mobile phones; prohibit certain use .......................... HB 125 Telemarketing; no-call list; mobile or wireless telephones ...................................SB 272 Uniform rules of the road; mobile telephones; certain prohibition......................... HB 83
MOCK, CORNELL, SR.; commend ........................................................................ HR 75

Refer to numerical index for page numbers

4156

INDEX

MONROE, CITY OF; election districts; reapportion ............................................. HB 592
MONTGOMERY COUNTY; board of education; nonpartisan election ............... HB 471
MOON, DELORAS; commend ............................................................................... HR 939
MOPEDS; definitions and regulations ........................................................................SB 37
MORDECAI, ERIN A.; commend.......................................................................... HR 117
MORGAN, CITY OF; new charter ......................................................................... HB 912
MORGAN COUNTY; grant easement.....................................................................SR 120
MORRIS, HONORABLE GREG AND AMY Birth of second son; commend.............................................................................. HR 719
MORROW, CITY OF; new charter.......................................................................... HB 60
MORTGAGES AND LIENS Fair Lending Act; amend provisions..................................................................... HB 142 Fair Lending Act; amend provisions........................................................................SB 53 Fair Lending Act; points and fees; exclude funding fees for USDVA loans ................................................................................................... HB 146 Fair Lending Act; repeal ....................................................................................... HB 170 Fair lending; redefine points and fees; exclude certain fees ................................... HB 82 Financial institutions; comprehensive revision of provisions..................................SB 78 Intangible tax; payment; recording of instruments ............................................... HB 513 Liens; treatment, board, or care of animals; change provisions ........................... HB 941 Nuisance abatement liens and tax liens; collection procedures; foreclosures........................................................................................................SB 182 Revenue laws; erroneous tax lien; correction provisions ....................................... HB 58 Tax executions; prohibit sale ................................................................................ HB 306 Vehicles and loads; excess weight; penalties........................................................ HB 636
MORTON, MARIA "RIA"; commend .................................................................. HR 388
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) Amend definitions................................................................................................... HB 71 Education funding; repeal ad valorem tax; impose excise tax on motor fuel CA ............................................................................................. HR 43 Motor fuel tax; prepaid tax.................................................................................... HB 504

Refer to numerical index for page numbers

INDEX

4157

Sales tax; temporary rate change .......................................................................... HB 520 Sales tax; temporary rate change .......................................................................... HB 541 State and Local Tax Revision Act of 2003; enact................................................... HB 43
MOTOR VEHICLE ACCIDENT INSURANCE Certain payments; notification to lienholder......................................................... HB 421 Certain proof of insurance; amend provisions ........................................................ HB 86 Liability coverage; cancellation by member of armed forces ordered abroad.......SB 280 Mile-based premiums............................................................................................ HB 201 Motor vehicles; registration and insurance provisions; amend............................. HB 191 Motor vehicles; registration; proof of insurance................................................... HB 610 Surcharges for certain public safety employees; remove certain limitations ....... HB 547 Termination; exception; certain military personnel .............................................. HB 171 Vehicle Protection Product Act; enact .................................................................. HB 688
MOTOR VEHICLES AND TRAFFIC Ad valorem tax exemption; farm equipment in inventory for resale.................... HB 527 Ad valorem tax; motor vehicles; exempt veterans organizations ......................... HB 626 Ad valorem tax; motor vehicles; return in county where functionally located .... HB 834 Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ................................................................................... HB 908 Air ambulance services; licensure and regulation......................................................SB 7 Alternative fueled vehicles; hybrid vehicles; designated travel lanes .................. HB 436 Beer; single container sales; prohibit where motor fuel is sold ............................ HB 110 Certificate of title applications; owner's legal name and driver's license number ...................................................................................................SB 250 Child passenger restraining systems; amend provisions....................................... HB 371 Child support and driver's license applications; social security number or certification of non-eligibility ......................................................... HB 319 Commercial Code and motor vehicles; certain transactions between dealer and owner............................................................................................... HB 221 Commercial driveways; permits; certain school bus loading areas ...................... HB 763 Commercial motor vehicles and school buses; prohibitions..................................SB 173 Disabled persons; identification cards and parking; include persons age 85 or above................................................................................................. HB 793 Driver education for minors; income tax credit .................................................... HB 813 Driver education fund; create; General Assembly provide by law CA ............. HR 699 Driver education; requirements; provisions.......................................................... HB 953 Driver's license application; child support; additional forms of identification................................................................................................. HB 139 Driver's license application; use of military identification card ............................SB 262 Drivers' licenses; acknowledgment of implied consent law ................................. HB 816 Drivers' licenses and identification cards; prohibit fingerprinting........................ HB 490

Refer to numerical index for page numbers

4158

INDEX

Drivers' licenses; certain out-of-state applicants; on-the-road driving test not required.................................................................................... HB 616
Drivers' licenses; certain suspension; law enforcement officer's legal representation........................................................................................... HB 678
Drivers' licenses; certain suspension; limited driving permits.............................. HB 169 Drivers' licenses; certain suspension; limited driving permits.............................. HB 185 Drivers' licenses; Class D permit holders; limitations .......................................... HB 187 Drivers' licenses; court conviction reports; transmittal fees ..................................SB 229 Drivers' licenses; exempt certain persons from driving exam .............................. HB 483 Drivers' licenses for minors; amend provisions; driver training
schools and commercial driver training schools............................................... HB 447 Drivers' licenses for minors; certain instructors sign application ......................... HB 452 Drivers' licenses; ignition interlock devices; amend provisions ........................... HB 449 Drivers' licenses; include pedestrian safety procedures on exam ......................... HB 153 Drivers' licenses; priority service at centers........................................................ HB 1015 Drivers' licenses; redefine resident; amend alien provisions .................................. HB 12 Drivers' licenses; redefine resident; child support; forms of identification .......... HB 126 Drivers' licenses; reduced fees for organ donors; eliminate ................................. HB 751 Drivers' licenses; residency requirements; veteran's license................................. HB 356 Drivers' licenses; revocation; destruction of surrendered licenses ....................... HB 620 Drivers' licenses; suspension; minors; controlled substance violation ............... HB 1023 Driver's license suspension; noncompliance with child support;
reinstatement..................................................................................................... HB 872 Drivers' licenses; young drivers; amend provisions.............................................. HB 124 Driver training schools and driver's education programs; licensing..................... HB 450 Driving under the influence; refusal to submit to chemical testing;
create offense .................................................................................................... HB 651 Driving under the influence; refusal to submit to chemical testing;
create offense .......................................................................................................SB 13 Drugs; illegal activities; anhydrous ammonia, amphetamine,
methamphetamine, marijuana; increase criminal penalties...............................SB 205 Economic Development and Public Safety Act; enact ......................................... HB 578 Electric personal assistive mobility devices; mopeds; definitions
and regulations.....................................................................................................SB 37 Employees' Retirement; certain employees of Motor Vehicle
Safety Department; certain benefits ................................................................. HB 491 Employees' Retirement; certain law enforcement personnel; benefit formula ..... HB 476 Employees' Retirement; certain law enforcement personnel;
enhanced retirement benefit.............................................................................. HB 426 Excise tax; motor vehicle rentals; amend definitions ............................................. HB 70 Fair business practices; certain motor vehicle sales; spot delivery......................... HB 94 Fines and forfeitures; certain traffic fines; pay to state treasury........................... HB 102 Fleeing or eluding police while driving under the influence; felony.................... HB 283

Refer to numerical index for page numbers

INDEX

4159

Georgia War Veterans Nursing Home Trust Fund; create; special license plates......................................................................................... HB 911
Georgia War Veterans Nursing Home Trust Fund; create; special plates CA ........................................................................................... HR 614
Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .......................... HB 719
House Study Committee on Penalties for Driving Under the Influence Offenses; create .................................................................................. HR 53
House Study Committee on Special License Plates; create.................................. HR 407 Human resources; Choose Life adoption support program;
special license plates......................................................................................... HB 254 Human resources; Choose Life adoption support program;
special license plates......................................................................................... HB 286 Income tax credits; low or zero emission vehicles; electric chargers................... HB 535 Insurance; certain notices; certified mail or statutory overnight delivery .......... HB 1043 Intellectually Disabled Health and Fitness Program Fund; establish;
special license plates......................................................................................... HB 428 Intellectually disabled health and fitness program; special plates CA .............. HR 225 Juvenile traffic offenses; jurisdiction; remove from juvenile court...................... HB 740 Law enforcement agencies; emergency response and vehicular
pursuit policies...................................................................................................SB 292 Law enforcement officer in unmarked vehicle; identification.............................. HB 350 Law enforcement officers stopping motorists; prohibit race considerations ........ HB 818 Liability insurance; cancellation by member of armed forces ordered abroad......SB 280 License plates and special plates; placement on vehicle ...................................... HB 685 License plates; disabled veteran; vehicle owned by certain trust ......................... HB 611 Manufactured homes and mobile homes; certificate of permanent
location; provisions........................................................................................... HB 506 Maximum speed limit; school zones; 25 miles per hour ...................................... HB 219 Motor fuel and road tax; amend definitions............................................................ HB 71 Motor fuel tax; prepaid tax.................................................................................... HB 504 Motor vehicle accident insurance; certain payments; notification
to lienholder ...................................................................................................... HB 421 Motor vehicle emissions fund; provide by general law CA .............................. HR 356 Motor vehicle emissions inspections; remote sensing technology;
create fund ........................................................................................................ HB 676 Motor vehicle for certain warden; repeal provisions ............................................ HB 340 Motor vehicle franchises; warranty reimbursement agreements; enforcement .... HB 581 Motor vehicle insurance; mile-based premiums ................................................... HB 201 Motor vehicle insurance; termination; exception; certain military personnel ...... HB 171 Motor vehicle license fees and classes; amend definitions..................................... HB 67 Motor vehicles abandoned on public property; removal by peace officer............ HB 950 Motor vehicles; certain proof of insurance; amend provisions............................... HB 86

Refer to numerical index for page numbers

4160

INDEX

Motor vehicles; certain records; subject to Driver's Privacy Protection Act........ HB 743 Motor vehicles; certain violations; life imprisonment or death .............................. HB 11 Motor vehicles; certificates of title; payment of sales tax .................................... HB 560 Motor vehicles; maximum speed limits for trucks; exception.............................. HB 353 Motor vehicles; radio and other sound-making devices; limits
on sound volume............................................................................................... HB 302 Motor vehicles; radios and mobile phones; prohibit certain use .......................... HB 125 Motor vehicles; registration and insurance provisions; amend............................. HB 191 Motor vehicles; registration; proof of insurance................................................... HB 610 Motor vehicles; safety restraints for children; change provisions ........................ HB 966 Motor vehicles; temporary registrations; extend time .......................................... HB 575 OCGA; conform references to House and Senate committee names ................... HB 846 Off-road vehicles; registration; amend provisions................................................ HB 260 Parking permits; certain transporters of persons with disabilities ........................ HB 613 Property; removal and storage of commercial vehicles; owner; regulations.........SB 121 Radar; delete certain requirement; permit use while application pending............ HB 188 Sales tax; temporary change in rate ...................................................................... HB 541 Seat belts; child restraints; change age ................................................................. HB 217 Seat belts; pickup trucks and off-road vehicles; requirement; fines ..................... HB 296 Sheriffs engaging in certain businesses; violation of oath of office ..................... HB 415 Special license plates; administrative process; applications................................. HB 901 Special license plates; AIDS Survival Project ...................................................... HB 593 Special license plates; Boy Scouts of America..................................................... HB 205 Special license plates; Boy Scouts of America..................................................... HB 280 Special license plates; Choose Life, Inc................................................................ HB 630 Special license plates; colleges or universities; amend provisions....................... HB 902 Special license plates; community greenspace preservation trust fund CA ...... HR 587 Special license plates for persons with disabilities; include disabled parent.........SB 301 Special license plates honoring Masons; revenue provisions ............................. HB 1041 Special license plates; professional sports team foundations ................................SB 228 Special license plates promoting charitable organizations; provisions CA ....... HR 857 Special license plates; Purple Heart, Bronze Star, Silver Star,
and Distinguished Service Cross recipients.......................................................SB 120 Special license plates; restoration of wild turkey populations.............................. HB 440 Special license plates; retired reservists or National Guard members.................. HB 274 Special license plates; "Share the Road" message; motorists and bicyclists.........SB 283 Special license plates; Thanks Mom and Dad Fund ............................................. HB 214 Special license plates; United States flag.............................................................. HB 473 Speed detection device; certain 30-day limitation; work zone
speeding violations ........................................................................................... HB 329 Speed detection devices; required warning signs; change size............................. HB 313 State and Local Tax Revision Act of 2003; enact................................................... HB 43 Surcharges for certain public safety employees; remove certain limitations ....... HB 547

Refer to numerical index for page numbers

INDEX

4161

Taxicabs; regulation by Department of Motor Vehicle Safety............................. HB 437 Traffic law sentences; restrictions on modification; amend ................................. HB 858 Traffic violations bureaus; prosecution of certain misdemeanor offenses ........... HB 683 Traffic violations; disposition; amend; suspension of license .............................. HB 767 Transit buses; use of emergency lanes...................................................................SB 256 Transporting motor vehicles and mobile homes; dealer license plates;
restrict use........................................................................................................... HB 84 Uniform rules of the road and driver's licenses; probation restrictions ................ HB 863 Uniform rules of the road; leaving child unattended in car; fine........................ HB 1035 Uniform rules of the road; mobile telephones; certain prohibition......................... HB 83 Uniform rules of the road; reduce speed when passing certain
stationary vehicles ............................................................................................ HB 457 Uniform rules of the road; traffic-control signal monitoring devices;
civil monetary penalties.................................................................................... HB 182 Uniform rules of the road; securing vehicle loads; live animal provisions .......... HB 460 Used car dealers; surety bond ............................................................................... HB 585 Used motor vehicles; dealers' and parts dealers' registration;
redefine rebuilder...............................................................................................SB 357 Vehicle Protection Product Act; enact .................................................................. HB 688 Weapons; transporting loaded firearm in vehicle; delete certain language ............ HB 40
MOTORCYCLES Motorcycle Awareness and You Month; recognize May, 2003 ............................. HR 71 Motor vehicles; registration and insurance provisions; amend............................. HB 191
MOULTRIE, CITY OF; council; reapportion........................................................ HB 692
MOYE, DR. NORM; commend .............................................................................. HR 691
MULKEY, AMY; commend.................................................................................... HR 152
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability..................................................................... HB 679 Ad valorem tax millage rate increase; require voter approval CA .................... HR 171 Alcoholic beverage sales; consumption on premises; local authorization............ HB 493 Annexation; effective date; declaratory judgment provisions ............................ HB 1031 Annexation; 60 percent method; best interest determination ............................. HB 1032 Annexation; unincorporated islands; objections ................................................... HB 601 Bid opportunities for local governments and boards of education; advertisement.....................................................................................................SB 342 Certain counties; certain limitation on annexation; repeal ................................... HB 906

Refer to numerical index for page numbers

4162

INDEX

Certain state and local construction; urge certain design and material standards ............................................................................................. HR 668
Cigar and cigarette taxes; certain local excise taxes; authorize............................ HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize............................ HB 107 Cigars and cigarettes; certain local excise taxes; authorize .................................... HB 85 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Community improvement district; imposition of sales tax; approval CA ......... HR 814 Counties and municipalities; agencies assisting refugees; certain reports.......... HB 1002 Counties and municipalities; certain building permits; notice to
local boards of education and Department of Transportation .......................... HB 432 Counties; consolidation; intergovernmental agreement and referendum ............. HB 392 County and municipal hospital authorities; certain financial aid;
critical personnel shortages .............................................................................. HB 372 Deferred compensation plans; contributions from employers and employees ......SB 155 Dentistry; dental coverings; practicing without a license; authorize arrest .......... HB 430 Development impact fees for educational purposes; local boards
collect CA ...................................................................................................... HR 350 Driver education; local boards offer as elective; funding ..................................... HB 281 Education; deaf students; certification of interpreters .......................................... HB 295 Education; division of school board mediation; provisions.................................. HB 407 Education; division of school board mediation; provisions.................................. HB 459 Education officials; recommending certain products to students;
prohibit compensation ...................................................................................... HB 478 Elected officials; prohibit party affiliation change; exception CA .................... HR 355 Elections; direct recording electronic voting systems; amend provisions ............ HB 427 Elections; on-site absentee voting; provisions ...................................................... HB 752 Election superintendent; office to remain open until ballots are counted............. HB 114 Electric personal assistive mobility devices; mopeds; definitions
and regulations.....................................................................................................SB 37 Electronic textbooks; make available to local boards, schools, and students....... HB 363 Fair housing authorities; subpoena power to investigate complaints ................... HB 393 Fines and forfeitures; certain traffic fines; pay to state treasury........................... HB 102 Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation ....... HB 708 Georgia Procurement Registry; certain bid opportunities; advertisement............ HB 409 Homeowner tax relief grants; alternative uses CA ............................................ HR 258 Homestead option sales tax; referendum; disbursement of proceeds ................... HB 522 Hotel-motel tax; define certain authorities............................................................ HB 545 Hotel-motel tax; define certain convention and bureau authorities .................... HB 1029 House Community Improvement District Study Committee; create.................... HR 260 House Local School District Development Impact Fees Study
Committee; create............................................................................................. HR 558

Refer to numerical index for page numbers

INDEX

4163

House Study Committee on Franchise Fees and the Use of Public Rights of Way; create ....................................................................................... HR 530
House Study Committee on Funding for Local Victim Assistance Programs; create ............................................................................................... HR 669
House Study Committee on Local Government Infrastructure; create................. HR 700 House Unfunded Mandates Study Committee; create .......................................... HR 621 Income tax credits; certain businesses; less developed areas ............................... HB 298 Income tax credits; home improvements and community
improvement districts ....................................................................................... HB 543 Incorporation of municipalities; minimum distance requirements ....................... HB 136 Joint county and municipal sales tax; rate for consolidated governments............ HB 207 Joint county and municipal sales tax; 2% levy by consolidated governments ....... HB 92 Joint county and municipal sales tax; 2% levy by consolidated governments ..... HB 249 Joint county and municipal sales tax; 2% levy by consolidated governments ..... HB 287 Judicial Retirement; certain local membership; transfer; service credit............... HB 923 Lease property to certain nonprofit corporations.................................................. HB 423 Local boards of education; certain benefits; authorize funds ............................... HB 328 Local boards of education; establish start date of school year.............................. HB 930 Local code enforcement; repeat violations; amend provisions............................. HB 714 Local government budgets and audits; grant certification; amend provisions ..... HB 561 Local government entities and state authorities; timely payment
for goods and services ...................................................................................... HB 374 Local governments; financial transactions; annual audits .................................... HB 666 Local government; transfer of development rights; amend provisions ...................SB 86 Local sales taxes; limitation; certain exclusions ................................................... HB 709 Local school boards and superintendents; method of selection
provided by law CA....................................................................................... HR 130 Motor vehicles; radio and other sound-making devices; limits
on sound volume............................................................................................... HB 302 Municipal charter commissions; create................................................................. HB 151 Municipal charter commissions; create....................................................................SB 43 Municipal courts; pretrial intervention and diversion programs........................... HB 821 Municipal landfill; distance requirement from residence ..................................... HB 496 Municipal Option Sales Tax Act; enact ................................................................ HB 514 Municipal utility accounts; collection; statute of limitations................................ HB 631 New municipality; creation; minimum distance; sales tax distribution................ HB 315 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Nuisances; county and municipal abatement powers; unfit buildings.................. HB 474 Peace officer training costs; reimbursement; change of employment ...................SB 215 Perpetrators of felonies; local government rewards; remove limitation............... HB 359 Private prisons; regulation; provisions.................................................................. HB 742 Property in industrial area; owner voluntarily remove CA................................ HR 144
Refer to numerical index for page numbers

4164

INDEX

Property; removal and storage of commercial vehicles; regulations .....................SB 121 Public officers; appointed or elected; financial disclosure provisions.................... HB 62 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Public road funds; metropolitan planning organizations; formation .................... HB 851 Revenue bonds; redefine undertaking; remove certain
referendum requirement.................................................................................... HB 689 Rock quarries; licensing and regulation by local governments ............................ HB 895 Sales tax; educational purposes; local boards; performance audit........................ HB 346 Sandy Springs, City of; incorporate...................................................................... HB 150 School councils; amend provisions; State of the School presentation.................. HB 390 School Pesticide Act; enact; regulations............................................................. HB 1042 School Restroom Standards Act; enact................................................................. HB 336 Schools; local boards; adopt truancy policy ......................................................... HB 900 School systems; purchasing contracts over $5000; regulations.............................SB 294 Service delivery strategy; certain franchise fees; offset certain costs................... HB 262 Soil erosion and sedimentation; ordinances related to land-disturbing
activities; planning and zoning commission..................................................... HB 509 Speed detection device; certain 30-day limitation; work zone
speeding violations ........................................................................................... HB 329 State buildings; comply with Leadership in Energy and Environmental
Design Green Building Rating System standards ............................................ HB 127 State employees; certain office holders; use of annual and personal leave .......... HB 348 State, local governments, local boards of education; timely payment
of goods and services........................................................................................ HB 725 State Planning for Increased Community Access Act; enact.............................. HB 1040 Student codes of conduct; violation; certain disciplinary action .......................... HB 132 Students in transit; certain conditions; not to be counted tardy or absent ............ HB 434 Tax receivers; taxpayer statistical information; confidentiality............................ HB 529 Teachers and employees; nonrenewal of contract; local boards adopt policy...... HB 362 Timber harvesting operations; local regulation; limitations ................................. HB 724 Timber harvesting operations; local regulation; limit effect................................. HB 672 Timber harvesting operations; local regulatory authority......................................SB 207 Timber harvesting; regulatory authority of counties and municipalities;
limitations ......................................................................................................... HB 244 Used tires; counties and municipalities enforce ordinances
regulating storage...............................................................................................SB 348 Virtual charter schools; provisions ........................................................................SB 230 War on Terrorism Local Assistance Act; enact .................................................... HB 595 War on Terrorism Local Assistance Act; enact; revenue bonds;
gas facilities .........................................................................................................SB 87 Water reservoirs; locally funded; state take-over; compensation ..........................SB 246 Zoning procedures; time when action may not be taken ...................................... HB 510

Refer to numerical index for page numbers

INDEX

4165

MUNRO, HILLARY; 4-H honoree; commend....................................................... HR 191
MURPHY, HONORABLE THOMAS B. Honor on the occasion of Thomas Murphy Day in Bremen................................. HR 361 House Speaker; recognize ....................................................................................... HR 60
MURPHY, LEWIS AND LILLIAN; commend .................................................... HR 720
MURRAY COUNTY U. S. military personnel who served in Iraq; commend ....................................... HR 929
MUSCOGEE COUNTY Columbus county-wide government; probate court judge; compensation ........... HB 649 Convey property.....................................................................................................SR 121
MUSCOGEE COUNTY SCHOOL DISTRICT MENTORING PROGRAM "ON TRACK"; invite certain representatives to House ............... HR 177
MUSIC Home school students; eligibility; extracurricular programs in public schools ................................................................................................SB 210

N

NASHVILLE, CITY OF; mayor pro tem; city manager ........................................HB 803
NATIONAL DAY OF PRAYER; recognize May 1, 2003.....................................HR 828
NATIONAL EMU WEEK IN GEORGIA; recognize May 3-11, 2003 ...............HR 755
NATIONAL GUARD Criminal procedure; concurrent grand juries, pretrial motions, dicovery, witnesses, demands for trial, continuances, bail, and oral reports ...................HB 414 Georgia Military Pension Fund; certain ordered active duty not a break in service ..............................................................................................HB 461 Georgia Military Pension Fund; certain prior service; certain call to active duty.....................................................................................................HB 464 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ............................................................................HB 551 Income tax; exempt active duty military income..................................................HB 118

Refer to numerical index for page numbers

4166

INDEX

National Guard Day in Georgia; declare March 28, 2003; invite Major General David B. Poythress to House ...................................................HR 401
Special license plates; retired reservists or National Guard members..................HB 274 Special U. S. flag license plate fees; certain education trust fund CA...............HR 322 Taxable net income; exclude certain military pay ................................................HB 383
NATURAL GAS (See Gas, Gasoline, and Gas Service)
NATURAL RESOURCES (See Conservation And Natural Resources)
NEAL, JEREMY TYLER; commend ....................................................................HR 299
NELSON, LOUELLE; commend ...........................................................................HR 504
NESBITT, AMANDA; commend............................................................................HR 274
NEWBORN, TOWN OF; new charter....................................................................HB 734
NEWELL, LAURA LOUISE MELSON; condolences.........................................HR 905
NEWNAN, CITY OF; recognize 175th anniversary...............................................HR 656
NEWNAN FIRST UNITED METHODIST CHURCH Commend on 175th anniversary ...........................................................................HR 821
NEWNAN PRESBYTERIAN CHURCH; commend on 175th anniversary .........HR 845
NEWSOME, GLENN; commend............................................................................HR 751
NEWTON COUNTY Board of commissioners; reapportion ....................................................................SB 295 Board of education; reapportion ...........................................................................HB 796
NONPROFIT CORPORATIONS Bingo; fee for conducting games; increase .............................................................HB 87 Charitable solicitations; agent registration; amend...............................................HB 472 Corporations; reservation of names and filing fees; change provisions ................SB 132 Insurance premium taxes; change provisions .......................................................HB 530 Municipalities; lease property to certain nonprofit corporation ...........................HB 423 Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 Oconee River Greenway Authority; amend provisions ........................................HB 596 Special license plates; Boy Scouts of America.....................................................HB 205
Refer to numerical index for page numbers

INDEX

4167

Special license plates; Boy Scouts of America.....................................................HB 280 State and nonprofit contractors; legislative oversight panels .................................HB 98 Teacher salary supplements; certain donations CA ............................................... HR 3
NONRESIDENTS Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Drivers' licenses; redefine resident; amend alien provisions ..................................HB 12 Real estate appraisers, brokers, and salespersons; amend provisions; community association managers.....................................................................HB 177
NORRIS, TILDEN; condolences ............................................................................HR 718
NORTHWEST GEORGIA TRADE AND CONVENTION CENTER AUTHORITY; create.......................................................................HB 1004
NUCLEAR ENERGY (See Energy)
NUESTRA BELLEZA LATINA, MISS GEORGIA LATINA 2003 PAGEANT; recognize April 18, 2003 ........................................................HR 816
NUISANCES County and municipal abatement powers; unfit buildings ...................................HB 474 Georgia Neighborhood Protection Act; enact.......................................................HB 131 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182
NUNN, LEE; commend............................................................................................HR 476
NURSES Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ...................................................................................SR 35 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing board; reduce number of members ...............................................HB 597
NURSING HOMES Certain deaths; persons in compensated care; notify coroner...............................HB 357 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth .................................................................SB 198 First offenders; records disclosure when applying for certain employment............SB 22 Georgia War Veterans Nursing Home Trust Fund; create; special license plates.........................................................................................HB 911

Refer to numerical index for page numbers

4168

INDEX

Georgia War Veterans Nursing Home Trust Fund; create; special plates CA ...........................................................................................HR 614
Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 House Study Committee on Long-term Care Insurance; create ...........................HR 334 Nursing Home Provider Fee Act; enact ................................................................HB 526 State licensing board; reduce number of members ...............................................HB 597
NUTTER, COLONEL CASSEL J., JR.; commend ..............................................HR 697

O

OATHS OF OFFICE Clerk of House ......................................................................................................Page 43 Representatives-elect.............................................................................................Page 29
O'DONNELL, PATRICK MICHAEL; commend ................................................HR 665
O'NEAL, LAUREL; 4-H honoree; commend .........................................................HR 184
OBSCENITY Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets .....................................................................HB 964 Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties ...........................................................................SB 51 Sexual exploitation of children; computer pornography; obscene Internet contact with child ................................................................................HB 462
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCCUPATIONAL THERAPISTS Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing board; reduce number of members ...............................................HB 597
OCEE STARS (2002); commend ............................................................................HR 693
OCONEE COUNTY Public facilities authority; create...........................................................................HB 938 U. S. military personnel who served in Iraq; commend .......................................HR 896
ODOM, LAURINDA; commend.............................................................................HR 812

Refer to numerical index for page numbers

INDEX

4169

OFF-ROAD VEHICLES; registration; amend provisions .....................................HB 260
OGLESBY, EULA MAE; condolences ..................................................................HR 890
OLIVA, JANET R. Peace Officer of the Year for Meritorious Service; invite to House.....................HR 232
OLIVAREZ, VANESSA; commend .......................................................................HR 750
OPEN AND PUBLIC MEETINGS Open meetings and records; amend provisions.....................................................HB 827 Open meetings and records; exception to disclosure; security issues...................HB 384 Public meetings and records; exemptions from disclosure...................................HB 467 Open records and open meetings; exceptions to provisions ..................................SB 113
OPEN RECORDS (See Public Records)
OPTOMETRISTS AND OPTICIANS Contact lenses; comprehensive revision of provisions .........................................HB 634 Contact lenses; sales or dispensing; comprehensive revision of provisions.........HB 981 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 Optometrists; certain medications for the eye; authority to prescribe ................HB 1039 Optometry; practicing without a license; increase punishment ...............................SB 85 State licensing boards; reduce number of members..............................................HB 597
ORR, JAMES; commend.........................................................................................HR 464
OUTDOOR ADVERTISING Public roads; erection of sign without permit; $500 fine......................................HB 705

P

PARDONS AND PAROLES Adult offenders; transference of supervision; fee .................................................HB 892 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31 Inmate transfers; limitations on requests ..............................................................HB 741 Notification of decision.........................................................................................HB 582 Persons convicted of certain offenses entering certain property; criminal trespass ...............................................................................................HB 364 Reimbursement to counties for housing inmates ..................................................HB 420 Transfer of supervision to another state; fees ..........................................................SB 47
Refer to numerical index for page numbers

4170

INDEX

PARENT AND CHILD Abortion; Due Process and Equal Protection Restoration Act of 2003; enact .......HB 63 Abortion; minor; parental notification ..................................................................HB 574 Abortion; parental notification; identification requirements ................................HB 466 Abortion; Woman's Right to Know Act; enact .......................................................HB 23 Abortion; Woman's Right to Know Act; enact .......................................................HB 52 Abortion; Woman's Right to Know Act; enact ........................................................SB 23 Adoption; prohibit the sale or offer for sale of a child by parent or guardian .......SB 281 Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adoptions and vital records; amend provisions.....................................................SB 192 Adoptions; name change of office; amend provisions..........................................HB 176 Advisory committee on hearing in newborn infants; continuation.......................HB 760 Alimony and child support; financial status of parties; verification.......................HB 21 Baby's Right to Know Act; enact............................................................................HB 18 Child abuse; certain sexual abuse; parent report...................................................HB 241 Child abuse protocol; child fatality review committee; powers of panel .............HB 479 Child custody; attorneys' fees and litigation expenses..........................................HB 507 Children in protective custody; cost of care; reimbursement ...............................HB 489 Child support; amend provisions; income deduction order ..................................HB 149 Crimes; abortion; make unlawful..........................................................................HB 377 Cruelty to children in second degree; nonmerger provision.................................HB 168 Cruelty to children; endangering a child in the second degree; criminal negligence................................................................................................SB 1 Day-care facilities; licensing; liability insurance required ...................................HB 433 Deprived child; temporary legal custody; provisions .............................................HB 41 Driver's license; application; child support; additional forms of identification.................................................................................................HB 139 Drivers' licenses; redefine resident; child support; forms of identification ..........HB 126 Driver's license suspension; noncompliance with child support; reinstatement.....................................................................................................HB 872 Endangering a child's education; failure to enroll; penalties ................................HB 406 Grandparents' visitation rights; amend provisions................................................HB 884 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 254 Human resources; Choose Life adoption support program; special license plates.........................................................................................HB 286 Income tax credit; qualified child care expenses ..................................................HB 209 Juvenile court jurisdiction; temporary child support for deprived child...............HB 655 Juvenile court jurisdiction; temporary child support order...................................HB 273 Juvenile proceedings; child placement orders; amend provisions.........................SB 236 Minors; employment; written permission of parent or guardian ............................HB 13

Refer to numerical index for page numbers

INDEX

4171

Parental power, grandparent visitation, adoption; prohibition; certain conviction..............................................................................................HB 330
Seat belts; child restraints; change age .................................................................HB 217 Special license plates; Thanks Mom and Dad Fund .............................................HB 214 Student codes of conduct; violation; certain disciplinary action ..........................HB 132 Uniform rules of the road; leaving child unattended in car; fine........................HB 1035
PARKER, MS. LINDA; commend .........................................................................HR 362
PARKER, ROBERT LEE, SR.; condolences ........................................................HR 314
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Archeological, aboriginal, prehistoric, or historic sites; prohibition against disturbing; exemption.............................................................................HB 26 Conservation and natural resources; certain submerged artifacts; authorize collection...........................................................................................HB 401 Historic preservation grants program; combat veterans' gravesites.......................SB 291 Iraq's cultural artifacts; looted and destroyed; urge U. S. restore and preserve ..........................................................................................HR 779 Lake Lanier Islands Development Authority; allocation of certain funds............HB 519 Music Hall of Fame; advisory committee; Sports Hall of Fame; advisory committee..............................................................................................SB 88 Oconee River Greenway Authority; amend provisions ........................................HB 596 Public officers and employees; certain property and records; preservation .......HB 1026 Sexually violent predators; prohibit where minors congregate; keeping a place of prostitution involving minors; penalties..............................SB 101 Stone Mountain Memorial Association; members; requirements ......................HB 1014
PARKVIEW HIGH SCHOOL PANTHERS Football team; invite to House ..............................................................................HR 216 Football team; commend.......................................................................................HR 224 Girls basketball team; commend...........................................................................HR 583
PARR, HONORABLE THOMAS; commend .......................................................HR 156
PARTNERSHIP FOR HEALTH AND ACCOUNTABILITY; commend .........HR 550
PATTEN, PAULA; commend .................................................................................HR 517
PATTERSON BANK; commend ............................................................................HR 848
PAUL, REBECCA; commend.................................................................................HR 239
Refer to numerical index for page numbers

4172

INDEX

PAULDING COUNTY Commissioner districts; reapportion .....................................................................HB 871 Convey property.....................................................................................................SR 120
PAULDING COUNTY HIGH SCHOOL; commend ...........................................HR 666
PAULEY, FRANCES F.; condolences ...................................................................HR 416
PAYNE, CHRISTINA; 4-H honoree; commend ....................................................HR 168
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEANUT BUTTER AND JELLY DAY AT THE CAPITOL Recognize March 12, 2003 ...................................................................................HR 394
PEASE, KYLE; commend and invite to House.........................................................HR 55
PELHAM, CITY OF; municipal officers and board of education..........................HB 787
PEMBROKE FIRST BAPTIST CHURCH; commend ........................................HR 862
PENAL INSTITUTIONS Adult offenders; transference of supervision; fee .................................................HB 892 Correctional institutions; housing certain inmates; reimbursement......................HB 614 Correctional institutions; inmate accounts; certain deductions ............................HB 968 Corrections and pardons and paroles; reimbursement to counties for housing inmates...........................................................................................HB 420 County correctional institutions; housing of state prisoners; payment.................HB 143 County jail inmates; earned time allowances........................................................HB 239 Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools...............................................HB 447 Employees' Retirement; certain law enforcement personnel; benefit formula..................................................................................................HB 476 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31 First offenders; records disclosure when applying for certain employment............SB 22 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property............................................................SB 313 Home arrest program; qualifications; supervision; pretrial arrestees ...................HB 272 Inmate labor; removing graffiti from certain private property; victim compensation.........................................................................................HB 144 Inmate transfers; limitations on requests ..............................................................HB 741 Jails; certain counties; full-time dispatcher serve as jailer....................................HB 820 Juvenile proceedings; youthful offenders; amend provisions...............................HB 670

Refer to numerical index for page numbers

INDEX

4173

OCGA; conform references to House and Senate committee names ...................HB 846 Pardons and paroles; notification of decision .......................................................HB 582 Pardons and paroles; transfer of supervision to another state; fees .........................SB 47 Persons convicted of certain offenses entering certain property;
criminal trespass ...............................................................................................HB 364 Private prisons; regulation; provisions..................................................................HB 742 Probation system; confidential records; commissioner may declassify ...............HB 339 Reckless conduct; certain assault by person infected with HIV
or hepatitis; endangering peace or correctional officers......................................SB 20 Sex offender registration; amend provisions ........................................................HB 463 Sexually violent predators; prohibit where minors congregate;
keeping a place of prostitution involving minors; penalties..............................SB 101 Sexual offenders; probation or parole; register prior to release............................HB 577 State and county penal institutions; certain inmate labor; authorize ....................HB 398
PENNACCHIO, RACHEL; commend...................................................................HR 730
PENSIONS (See Retirement and Pensions)
PEREZ, DANIEL LUIS; commend ........................................................................HR 275
PERRY, CITY OF Perry Industrial Building Authority; repeal constitutional amendment creating..........................................................................................HB 960
PERRY, BENJAMIN JACKSON (BEN), SR.; condolences................................HR 687
PERRY, MARCUS; commend................................................................................HR 372
PERSONS AND THEIR RIGHTS Nondiscrimination Act of 2003; enact ..................................................................HB 885
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, DIANNE; commend.............................................................................HR 475
PHINAZEE, JO ANNE; commend.........................................................................HR 806

Refer to numerical index for page numbers

4174

INDEX

PHYSICAL THERAPISTS Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing board; reduce number of members ...............................................HB 597
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Clinical perfusionist licensure; provisional licenses.............................................HB 617 Contact lenses; comprehensive revision of provisions .........................................HB 634 Contact lenses; sales or dispensing; comprehensive revision of provisions.........HB 981 Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ..................................HB 456 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................HR 819 Medical education and physician workforce; provisions........................................HB 56 Patient Safe Prescription Drug Act; enact; regulate electronically transmitted data; patient's choice of retail pharmacy ........................................SB 179 Physician's assistants; handling of professional samples....................................HB 1016 Physicians; gifts from certain industries; prohibit ................................................HB 186 Surgical assistants; licensure; Composite State Board of Medical Examiners...HB 1008 Tattooing near the eye; prohibition; expand exception.........................................HB 183 Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding ...............................SB 333
PICKENS COUNTY U. S. military personnel who served in Iraq; commend .......................................HR 936
POLAK, SIR JACK; commend ..............................................................................HR 740
POLICE CHIEFS AND DEPARTMENT HEADS Observe day of recognition, March 12, 2003..........................................................HR 40
POLICE CHIEFS AND OTHER HEADS OF LAW ENFORCEMENT; observe March 18, 2003 as day of recognition ...................HR 337
POLITE, DEACON PRINCE WILLIAM, JR.; condolences ..............................HR 313
POLITE, JAMES CLINTON (J. C.); condolences ...............................................HR 318
POLK COUNTY; board of education; election ......................................................HB 652

Refer to numerical index for page numbers

INDEX

4175

POLLITZ, CONNIE; commend .............................................................................HR 735
PONDER, DAN, JR.; commend..............................................................................HR 418
POOLER, CITY OF; mayor; city manager ............................................................HB 907
POPE HIGH SCHOOL Lady Greyhounds soccer team; invite coaches and players to House ....................HR 94 Slow pitch softball team; invite to House .............................................................HR 134
PORTERFIELD, HONORABLE W. R. "BILLY"; commend ...........................HR 610
POSTSECONDARY EDUCATION Board of Regents; power; subject to General Assembly and Governor CA...........................................................................................HR 622 Children of certain officers; tuition-free college; General Assembly provide by law CA...........................................................................................HR 26 Children of deceased POST officers; urge free college tuition ..............................HR 23 College athletic recruitment rules; certain violations; cause of action provisions.............................................................................................HB 95 Colleges and technical schools; textbooks in electronic format ...........................HB 712 Colleges; meningococcal meningitis; vaccination or signed waiver ....................HB 199 Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 College students; vaccination against meningococcal meningitis ........................SB 266 Education; joint enrollment; certain private schools and home study programs..................................................................................................HB 985 Education officials; recommending certain products to students; prohibit compensation ......................................................................................HB 478 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions...............................................................HB 551 HOPE scholarships; eligibility; amend provisions ...............................................HB 706 HOPE scholarships; eligibility; schools with certain accreditation....................HB 1011 HOPE scholarships; private colleges; certain part-time eligibility.......................HB 341 Medical education and physician workforce; provisions........................................HB 56 Sales tax exemption; athletic event tickets; University System............................HB 251 Sales tax exemption; certain school clothes, supplies, computer items; limited time.......................................................................................................HB 204 Sales tax exemption; school clothes, supplies, computers; annually in August...........................................................................................................HB 228 Special U. S. flag license plate fees; certain education trust fund CA...............HR 322 State property; restrictions on naming or renaming for public officials..................SB 73 Teachers Retirement; certain non-public school service; credit ...........................HB 873

Refer to numerical index for page numbers

4176

INDEX

Tuition equalization grants; part-time students; certain HOPE scholarships ...........................................................................................HB 342
Tuition equalization grants; private colleges and universities; eligibility and use...............................................................................................SB 244
POTTER STREET ELEMENTARY SCHOOL; commend ................................HR 254
POULTRY PRODUCTION Eggs; labeling information; expiration dates ........................................................HB 757 Eggs; labeling; provisions concerning expiration dates........................................HB 747 Poultry production contracts; regulate ..................................................................HB 644 Poultry production contracts; regulate ..................................................................HB 648
POWDER SPRINGS, CITY OF Downtown development authority; limit powers to levy certain taxes .................SB 331 Mayor and council; residency requirement............................................................SB 224
POWER SUBSTATION IN RESIDENTIAL NEIGHBORHOOD Urge Georgia Power consult with residents..........................................................HR 256
POWERS, JASON; commend.................................................................................HR 875
PRESBYTERY OF GREATER ATLANTA; invite representatives to House.....HR 151
PRESCRIPTION DRUGS AND PHARMACISTS Advisory committee on seniors and prescription drug costs; establish ................HB 935 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders .....................................HB 261 Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties...............................SB 205 Health insurance; covered benefits; off-label prescription drugs ............................SB 96 Income tax credit; certain pharmaceutical companies ..........................................HB 993 Joint Study Committee on Prescription Drugs for Seniors; create ..........................SR 55 Medicare prescription drug benefit coverage; urge Congress to enact....................SR 49 Optometrists; certain medications for the eye; authority to prescribe ................HB 1039 Patient Safe Prescription Drug Act; enact; regulate electronically transmitted data; patient's choice of retail pharmacy ........................................SB 179 Physician's assistants; handling of professional samples....................................HB 1016 Physicians; gifts from certain industries; prohibit ................................................HB 186 Prescription drugs by mail; enrollees in HMO health benefit plans......................SB 145

Refer to numerical index for page numbers

INDEX

4177

Psychologists; authority to prescribe drugs; create psychopharmacological formulary ...................................................................HB 717
Spending Account and Consumer Driven Health Plan Advancement Act; enact....................................................................................SB 329
PRETRIAL PROCEEDINGS Criminal procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports .....................HB 414 Criminal procedure; demand for trial; service; expiration; appeal ..........................SB 45
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Sheriffs; certain business activities; prohibit .........................................................SB 117 Sheriffs engaging in certain businesses; violation of oath of office .....................HB 415 State licensing board; reduce number of members ...............................................HB 597
PRIVATE SCHOOLS College athletic recruitment rules; certain violations; cause of action provisions.............................................................................................HB 95 Colleges; meningococcal meningitis; vaccination or signed waiver ....................HB 199 Colleges; meningococcal meningitis; vaccinations ..............................................HB 521 College students; vaccination against meningococcal meningitis .........................SB 266 Education; joint enrollment; certain private schools and home study programs..................................................................................................HB 985 HOPE scholarships; eligibility; amend provisions ...............................................HB 706 HOPE scholarships; eligibility; schools with certain accreditation....................HB 1011 HOPE scholarships; private colleges; certain part-time eligibility.......................HB 341 Teachers Retirement; certain prior service in public schools; credit....................HB 345 Tuition equalization grants; part-time students; certain HOPE scholarships .......HB 342 Tuition equalization grants; private colleges and universities; eligibility and use...............................................................................................SB 244
PROBATE COURTS Civil filings and criminal fines; additional charges; repeal certain charges .........HB 869 Courts; certain clerks; continuing education.........................................................HB 995 Judges of the Probate Courts Retirement; certain application; date benefits begin....................................................................................................HB 270 Judges of the Probate Courts Retirement; designated surviving beneficiary .......HB 739

Refer to numerical index for page numbers

4178

INDEX

PROBATION First offenders; records disclosure when applying for certain employment............SB 22 Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools...............................................HB 447 Income tax refund; setoff debt; probation fees and restitution orders ..................HB 677 Probation system; confidential records; commissioner may declassify ...............HB 339
PROCTOR, HONORABLE WALTER BAIN, JR.; condolences .......................HR 831
PROFESSIONAL ASSOCIATION OF GEORGIA EDUCATORS DAY Recognize "PAGE Day on Capitol Hill" February 11, 2003; invite officers to House.................................................................................................HR 93
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Certified school counselors and certified school social workers; salary increase....................................................................................................SB 178 Counselors; foreign born, English speaking; temporary licenses.........................HB 625 Counselors providing disaster relief services; license exemption ........................HB 206 Counselors providing disaster relief services; license exemption ...........................SB 71 Education; Certified School Social Worker Specialists; salary increase..............HB 320 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162
PROFESSIONS AND BUSINESSES Ad valorem tax exemption; inventory of business taxpayer.................................HB 156 Ad valorem tax; inventory of small business; exemption.....................................HB 162 Agriculture Commissioner; retention and use of moneys.....................................HB 569 Athletic and Entertainment Commission; amend provisions................................HB 558 Charitable solicitations; agent registration; amend...............................................HB 472 Clinical perfusionist licensure; provisional licenses.............................................HB 617 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems ................................................................................HB 327 Cosmetology; persons authorized to study; lower age from 17 to 16.................HB 1024 Counselors; foreign born, English speaking; temporary licenses.........................HB 625 Counselors providing disaster relief services; license exemption ........................HB 206 Counselors providing disaster relief services; license exemption ...........................SB 71 Dental hygienists; increase membership on Dentistry Board ...............................HB 284 Dentistry; dental coverings; practicing without a license; authorize arrest ..........HB 430 Dentistry, State Board of; add additional dental hygienist ...................................HB 980 Dentists; mercury amalgam fillings; prohibit certain usage .................................HB 442 Driver education fund; create; General Assembly provide by law CA .............HR 699 Driver education; requirements; provisions..........................................................HB 953

Refer to numerical index for page numbers

INDEX

4179

Drivers' licenses; exempt certain persons from driving exam ..............................HB 483 Drivers' licenses for minors; amend provisions; driver training schools
and commercial driver training schools............................................................HB 447 Driver training schools and driver's education programs; licensing.....................HB 450 Engineer-in-training and land surveyor-in-training; certification
requirements .....................................................................................................HB 986 Enterprise zones; business enterprises; residental rental property;
inspection and investigation .............................................................................HB 748 Hotels and motels; excessive room rates during special sporting
events; prohibit ..................................................................................................SB 150 House Study Committee on Health Insurance Options for Small
Businesses and Uninsured Working People; create .........................................HR 588 Income tax credit; certain headquarters; creation of full-time jobs ......................HB 492 Income tax credits; certain businesses; border counties .......................................HB 325 Income tax credits; certain businesses; less developed areas ...............................HB 298 Licensing boards; complaints against licensee; athletic trainers;
licensing violations ...........................................................................................HB 352 Life insurance on employee; procedures for employer purchase;
written consent of insured..................................................................................SB 156 Massage Therapy Licensure Act; enact ................................................................HB 368 Minority business enterprises; certification procedures;
amend provisions ...............................................................................................SB 115 Occupational regulation review; amend provisions..............................................HB 628 Optometrists; certain medications for the eye; authority to prescribe ................HB 1039 Optometry; practicing without a license; increase punishment ...............................SB 85 Physician's assistants; handling of professional samples....................................HB 1016 Physicians; gifts from certain industries; prohibit ................................................HB 186 Plumbers; false advertising; amend provisions.....................................................HB 338 Professional engineers and land surveyors; redefine land surveying ...................HB 726 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ...................................................................HB 717 Real estate appraisers, brokers, and salespersons; amend provisions;
community association managers.....................................................................HB 177 Residential and General Contractors, State Licensing Board; create .................HB 1003 Residential Contractors, State Licensing Board; create........................................HB 109 Roofing contractors; regulation ..........................................................................HB 1037 State licensing boards; reduce number of members..............................................HB 597 Structural pest control companies; insurance requirements..................................HB 307 Surgical assistants; licensure; Composite State Board of
Medical Examiners .........................................................................................HB 1008 Telemarketing; no-call list; mobile or wireless telephones ..................................SB 272 Uniform Athlete Agents Act; enact ......................................................................HB 194 Used car dealers; surety bond ...............................................................................HB 585

Refer to numerical index for page numbers

4180

INDEX

Used motor vehicles; dealers' and parts dealers' registration; redefine rebuilder...............................................................................................SB 357
Veterinary practice; extensively revise provisions ...............................................HB 347
PROFFITT, NANCY GANTT Commend ..............................................................................................................HR 535 Commend ..............................................................................................................HR 752
PROPERTY Ad valorem tax; amend certain definitions .............................................................HB 78 Ad valorem tax; appraise property at owner's acquisition cost CA.....................HR 45 Ad valorem tax assessments; periods of limitation...............................................HB 736 Ad valorem tax assessments; taxpayer appeals; certain refunds ...........................SB 161 Ad valorem tax; bona fide conservation use property; riverside or streamside land; local excise taxes; ceiling; exclusion.....................................HB 290 Ad valorem taxes; conservation use covenant; renewal period .............................SB 277 Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability.....................................................................HB 679 Ad valorem tax; exempt certain property used in generating electricity ..............HB 565 Ad valorem tax; exempt full homestead value; senior citizens ................................ HB 8 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 4 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 5 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 6 Ad valorem tax; millage rate or valuation increases; limitations CA.................... HR 7 Ad valorem tax; millage rate or valuation increases; limitations CA.................... HR 8 Ad valorem tax; preferential assessment; certain storm-water wetlands..............HB 528 Ad valorem tax; preferential assessment; environmentally contaminated (brownfield) property........................................................................................HB 531 Ad valorem tax; property equipped with certain systems for generating electricity; exempt CA.................................................................HR 259 Ad valorem tax; special class; antique aircraft CA............................................HR 527 American Indian tribes; recognize RedNation of Cherokee New Echota Band......................................................................................................HB 755 Anatomical gifts; advisory board on procurement; add organ recipient.................HB 53 Bona fide agricultural property; preferential assessment; additional forms CA .........................................................................................................HR 21 Coastal Marshlands Protection Act; exemption; private dock; residence ...............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions...................HB 51 Coastal marshlands; protection provisions; exempt certain property ...................HB 178 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Condominiums; clarification of provisions...........................................................HB 210 Constructed storm-water wetlands; preferential assessment; ad valorem tax ......HB 413 Eastern Cherokee Indian Tribe; revise address........................................................SB 93

Refer to numerical index for page numbers

INDEX

4181

Electric power plants; remove power of eminent domain ....................................HB 664 Eminent domain; electric transmission line; prohibit; exception .........................HB 671 Enterprise zones; business enterprises; residental rental property;
inspection and investigation .............................................................................HB 748 Estates; missing domiciliary; certain perilous exposure; death determination.......HB 32 Estate tax; amend definitions ..................................................................................HB 66 Farmland Protection Act; enact.............................................................................HB 822 Funk Heritage/Bennett Center at Reinhardt College; designate as
official Frontier and Southeastern Indian Interpretive Center..........................HB 494 Georgia Neighborhood Protection Act; enact.......................................................HB 131 Graffiti; compensation to property owners; use of inmate labor
to remove graffiti from private property............................................................SB 313 Graffiti; compensation to property owners; local governments
establish programs .............................................................................................SB 312 Homestead exemption; state-wide base year assessed value CA ........................HR 22 Homestead exemption; state-wide base year assessed value CA ........................HR 80 Income tax credits; home improvements and community
improvement districts .......................................................................................HB 543 Inmate labor; removing graffiti from certain private property;
victim compensation.........................................................................................HB 144 Intangible tax; payment; recording of instruments ...............................................HB 513 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Lake Lanier Islands Development Authority; allocation of certain funds............HB 519 Landlord and tenant; tenant's goods; landlord's responsibility .............................HB 762 Liens; treatment, board, or care of animals; change provisions ...........................HB 941 Local government; transfer of development rights; amend provisions ...................SB 86 Motor vehicles abandoned on public property; removal by peace officer............HB 950 New residential subdivisions; restrictive covenants; applicability .......................HB 389 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 OCGA; conform references to House and Senate committee names ...................HB 846 Oral trust agreement for personal property; provisions ........................................HB 367 Personal property in custody of law enforcement agency; disposition.................HB 484 Persons convicted of certain offenses entering certain property;
criminal trespass ...............................................................................................HB 364 Property in industrial area; owner voluntarily remove CA................................HR 144 Property Owners' Association Act; clarification of provisions ............................HB 208 Property owners' associations; owners; right of access to records .......................HB 965 Property sold for taxes; amend redemption amount ...............................................HB 89 Property sold for taxes; foreclosure; right of redemption .....................................HB 769 Property sold for taxes; redemption amount .........................................................HB 477 Property unlawfully obtained; photographic record .............................................HB 195 Purchasing property at tax sales; registration of business ....................................HB 737

Refer to numerical index for page numbers

4182

INDEX

Real estate transfer tax; superior court clerk collect; exemptions for certain transfers ..............................................................................................SB 97
Removal and storage of commercial vehicles from private real property; regulations..........................................................................................SB 121
Residential real property; freeze value; ad valorem tax; assess at acquisition date value CA .............................................................................. HR 2
Residential real property; freeze value; ad valorem tax; market value at acquisition CA...................................................................................SR 311
Revenue laws; erroneous tax lien; correction provisions .......................................HB 58 Sales tax; temporary rate change ..........................................................................HB 520 Special master; inverse condemnation; provisions ...............................................HB 868 State defense force; authority to use certain state property ..................................HB 303 Tax amnesty and property tax amnesty programs; provisions..............................HB 354 Tax executions; issuance; amend provisions ..........................................................HB 74 Tax levies and executions; amend provisions regarding sales................................HB 73 Tax levies and sales; certain exemption; judgment debtor resident;
judgment creditor resident in another state........................................................SB 347 Tax sales; redemption of property; amount payable.............................................HB 538 Tax sales; redemption of property; personal service of certain notice .................HB 654 Unclaimed property; certain dividends or capital credits; disposition....................HB 24 Unclaimed property; disposition of unpaid wages; change provisions ................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned ...................HB 733
PROSECUTING ATTORNEYS County law libraries; board of trustees; DA membership; use of collected funds.................................................................................................SB 83 District attorneys emeritus; compensation; increase...............................................HB 55 Drivers' licenses; certain suspension; law enforcement officer's legal representation...........................................................................................HB 678 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit...........................................................HB 753 Employees' Retirement; assistant district attorneys; credit for certain previous service ................................................................................................HB 292 Employees' Retirement; Prosecuting Attorneys' Council members; certain credit .....................................................................................................HB 878 Judicial Retirement; certain judges; transfer from Employees' Retirement .........HB 976 Judicial Retirement; certain local membership; transfer; service credit...............HB 923 Judicial Retirement; certain prior county service; credit ......................................HB 933 Judicial Retirement; members transfer contributions from Employees' Retirement System ........................................................................HB 224 Municipal courts; pretrial intervention and diversion programs...........................HB 821

Refer to numerical index for page numbers

INDEX

4183

PROVIDENCE PRIMITIVE BAPTIST CHURCH OF ROBERTA; commend ..................................................................................HR 795
PRUITT, NEIL LITTLE, SR.; condolences ..........................................................HR 541
PSYCHOLOGISTS Authority to prescribe drugs; create psychopharmacological formulary..............HB 717 Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 School psychologists; national certification; salary increase................................HB 808 State licensing board; reduce number of members ...............................................HB 597
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Residential and General Contractors, State Licensing Board; create .................HB 1003 Roofing contractors; regulation ..........................................................................HB 1037 State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards ............................................HB 127 State property; naming for elected public official; amend provision .....................HB 17 State property; restrictions on naming or renaming for public officials..................SB 73
PUBLIC CONTRACTS Administrative Services, Department of; certain bidding procedure; delete repealer ...................................................................................................HB 291 Bid opportunities for local governments and boards of education; advertisement.....................................................................................................SB 342 Contracts for school principals; date for tendering...............................................HB 360 Georgia Procurement Registry; certain bid opportunities; advertisement............HB 409 Iraq; postwar rebuilding; urge president and Congress include African Americans............................................................................................HR 744 Public-Private Infrastructure Act of 2003; enact ..................................................SB 273 Public works contracts; prohibit certain requirement .........................................HB 1009 School systems; purchasing contracts over $5000; regulations.............................SB 294 State purchasing; benefits based funding projects; certain contracts....................HB 550 State purchasing; budget emergency; Governor reduce costs ..............................HB 571 State purchasing contracts; preference for Georgia vendors ................................HB 200
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; make unlawful ......................................................................................HB 377 Abortion; parental notification..............................................................................HB 574 Abortion; parental notification; identification requirements ................................HB 466 Abortion; Woman's Right to Know Act; enact .......................................................HB 23 Abortion; Woman's Right to Know Act; enact .......................................................HB 52

Refer to numerical index for page numbers

4184

INDEX

Abortion; Woman's Right to Know Act; enact ........................................................SB 23 Bingo; fee for conducting games; increase .............................................................HB 87 Bingo games; operation by auxiliary unit of parent organization.........................HB 772 Bingo; increase prize amounts ..............................................................................HB 134 Bingo; use of certain electronic or computer devices; provisions ........................HB 279 Bona fide coin operated amusement machines; regulation...................................HB 891 Children's Internet Protection Act; enact; schools, libraries, funding
for computers .......................................................................................................SB 52 Cigarettes and tobacco products; prohibit possession by minors .........................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions...................HB 894 Coin operated amusement machines; revise provisions .......................................HB 573 Computer Pornography and Child Exploitation Prevention Act;
unlawful acts; change penalties ...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties ............SB 124 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547 Keeping a place of prostitution; penalty provisions ................................................SB 77 Public transit; buses, rapid rail cars, stations; allow bottled water .......................HB 778 Senate Bill 23; urge consideration by House ........................................................HR 722 Sexual exploitation of children; computer pornography; obscene
Internet contact with child ................................................................................HB 462 Sexually offensive material or content; distribution through
electronic media.....................................................................................................SB 5 Tattooing near the eye; prohibition; expand exception.........................................HB 183 Weapons; unauthorized possession; affirmative defense .....................................HB 193
PUBLIC INITIATIVE REFERENDUMS; provisions CA..................................HR 44
PUBLIC OFFICERS AND EMPLOYEES Budget; eliminate continuation budget report; zero-base budgeting ....................HB 203 Budget; eliminate continuation budget report; zero-base budgeting .........................SB 8 Certain deaths; persons in compensated care; notify coroner...............................HB 357 Certain property and records; preservation.........................................................HB 1026 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Continuation budget reports; agencies justify programs ......................................HB 875 County officers; include certain coroners CA ...................................................HR 562 Death investigations; regional medical examiner; redefine...................................SB 214 Deferred compensation plans; contributions from employers and employees ......SB 155 Defined contribution plans; employer and employee contributions .....................HB 475 Elected officials; party affiliation; certain prohibition CA ..................................HR 89 Elected officials; prohibit party affiliation change; exception CA ....................HR 355

Refer to numerical index for page numbers

INDEX

4185

Elected public officers; residency requirements; oath and affidavit.....................HB 405 Election fraud; information leading to arrest; reward.............................................HB 14 Emergency management agencies; certain employees; indemnification...............SB 218 Employees' health insurance plan; include agricultural commodity
commission employees.....................................................................................HB 101 Employees' Retirement and Judicial Retirement; prior service as
assistant district attorney; service credit...........................................................HB 753 Employees' Retirement and Teachers Retirement; unused sick leave; credit.......HB 817 Employees' Retirement; assistant district attorneys; credit for
certain previous service ....................................................................................HB 292 Employees' Retirement; certain court administrators; certain service credit........HB 838 Employees' Retirement; certain employees of Motor Vehicle
Safety Department; certain benefits .................................................................HB 491 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Employees' Retirement; certain law enforcement personnel; enhanced
retirement benefit..............................................................................................HB 426 Employees' Retirement; certain members; purchase additional years..................HB 480 Employees' Retirement; certain prior service; creditable service .........................HB 394 Employees' Retirement; certain temporary full-time service; credit ....................HB 498 Employees' Retirement; disability benefits; maximum compensation ...............HB 1034 Employees' Retirement; forfeited leave; include from prior service ....................HB 746 Employees' Retirement; group term life insurance; definition .............................HB 607 Employees' Retirement; Prosecuting Attorneys' Council members;
certain credit .....................................................................................................HB 878 Employees' Retirement; reduced retirement allowance and partial
lump sum payment............................................................................................HB 914 Employees' Retirement; tax officials' employees; membership ...........................HB 382 Employees' Retirement; 30 years' service; project to age 65................................HB 552 Employees' Retirement; 31 years' service; project to age 65................................HB 553 Employees' Retirement; 32 years' service; project to age 65................................HB 554 Employees' Retirement; 33 years' service; project to age 65................................HB 555 Employees' Retirement; vested after 5 years' service ...........................................HB 609 Ethics; disposition of excess campaign contributions .............................................SB 82 Ethics; distribution of campaign contributions; ordinary and
necessary expenses ............................................................................................SB 338 Ethics in government; amend provisions ..............................................................HB 771 Ethics in government; comprehensive reforms......................................................SB 168 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31 Ethics reforms; public officials' conduct and lobbyist disclosure;
awarding of contracts to vendors; judicial appointments ..................................SB 109 Former state employees; return to service; forfeited sick leave restored..............HB 289 Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation ........HB 708 General Assembly and Lieutenant Governor; temporary reduction in salary .........SB 76

Refer to numerical index for page numbers

4186

INDEX

General Assembly, Lt. Governor, House Speaker; term limits CA...................HR 354 General Assembly members; annual salaries; reduce 5 percent...........................HB 192 General Assembly members; salary; four equal monthly payments ....................HB 897 Health insurance; state employees no longer covered by federal
insurance plan ....................................................................................................SB 282 Indigent Defense Act; enact; circuit public defenders; mental
health advocacy ................................................................................................HB 770 Industries for the Blind; manufactured products; purchase by state
employees; exception........................................................................................HB 256 Inmate transfers; limitations on requests ..............................................................HB 741 International Affairs Coordinating Council; create ..............................................HB 324 Judicial vacancies; appointment by governor; prohibition; exemption ................HB 675 Legislative and congressional reapportionment; specify requirements;
community of interest ..........................................................................................SB 91 Managed health care plans; right to independent review; include
state employees.................................................................................................HB 697 Nonprofit hospitals and employees; liability insurance; provisions .....................HB 326 Perpetrators of felonies; local government rewards; remove limitation...............HB 359 Public officers; appointed or elected; financial disclosure provisions....................HB 62 Public officials; decrease in salary........................................................................HB 568 Public Service Employees' Occupational Safety and Health Act; enact ..............HB 277 Salaries of certain state officials; 10 percent reduction ........................................HB 222 Secretary of State; director of protocol and international affairs;
create position...................................................................................................HB 458 State benefits plans; include employees of critical access hospitals,
federally qualified health centers, and community service boards...................HB 638 State employees; certain office holders; use of annual and personal leave ..........HB 348 State employees; consumer driven health plan option; provisions........................SB 344 State employees' health insurance; agricultural commodity
commission employees.....................................................................................HB 147 State employees' health insurance; certain community service retirees ...............HB 594 State employees; payroll deductions; Higher Education Savings Plan;
certain inclusion in defined contribution plan ..................................................HB 424 State employees; retirement options; early retirement incentives .........................SB 159 State highway employees; indemnification; eligibility date.................................HB 332 State property; restrictions on naming or renaming for public officials..................SB 73 Terrorism Prevention Act of 2003; Criminal Justice Coordinating
Council membership; training of airport managers...........................................SB 187 University System employees; doing business with state; limited
exception to prohibition.....................................................................................SB 255 Volunteer firemen injured in line of duty; disability compensation .....................HB 166 Whistleblower Protection Act; enact ....................................................................HB 165

Refer to numerical index for page numbers

INDEX

4187

PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Bulletproof vest; unlawful during commission of certain offenses ......................HB 173 Carrying weapon without license; prohibit; exception to prohibition ................HB 1010 Deadly weapons; carrying to public gathering; exception to prohibition...............HB 30 Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties...............................SB 205 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 Handguns; license fees; exempt law enforcement officers...................................HB 499 License to carry pistol; law enforcement officer; no fee ......................................HB 870 Loaded firearm in private vehicle; repeal certain provisions................................HB 113 Open meetings and records; amend provisions.....................................................HB 827 Open records and open meetings; exceptions to provisions ..................................SB 113 Peeping Toms; spying upon or invading the privacy of another ...........................SB 151 Weapons; transporting loaded firearm in vehicle; delete certain language ............HB 40 Weapons; unauthorized possession; affirmative defense .....................................HB 193
PUBLIC PROPERTY Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven counties, and Hamilton County, Tennessee; grant easements; Colquitt, Paulding, and White counties; convey property ..............SR 120 Macon, Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, and Baldwin counties; convey property ............................................................SR 121 Monument honoring search and rescue dogs; authorize erection.........................HR 357 Public officers and employees; certain property and records; preservation .......HB 1026 State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards ............................................HB 127 State property; naming for elected public official; amend provisions....................HB 17 State property; restrictions on naming or renaming for public officials..................SB 73
PUBLIC RECORDS Bondsmen relying on accuracy of certain records; immunity ..............................HB 990 Child abuse records; access by Office of School Readiness and Department of Education...................................................................................SB 201 Child protective services; access to criminal history records ................................SB 200 Coin operated amusement machines; revise provisions .......................................HB 573 Commercial motor vehicles and school buses; prohibitions..................................SB 173 Economic Development and Fiscal Accountability Act; enact ............................HB 860 Financial institutions; disclosure of certain information; consumer's consent required.............................................................................HB 184 First offenders; records disclosure when applying for certain employment............SB 22 Georgia Emergency Management Agency; state government safety plans; exemptions...................................................................................HB 632

Refer to numerical index for page numbers

4188

INDEX

Motor vehicles; certain records; subject to Driver's Privacy Protection Act........HB 743 Open meetings and records; amend provisions.....................................................HB 827 Open meetings and records; exception to disclosure; security issues...................HB 384 Open records and open meetings; exceptions to disclosure provisions.................SB 113 Open records; certain exemption; redact identifying information........................HB 331 Open records; exemption; certain personal information.......................................HB 903 Open records exemption; public water supply or sewage systems;
judicial review in camera..................................................................................HB 807 Open records; exemption; public water supply systems or sewage systems ........HB 703 Open records requests; compliance; Internet records ...........................................HB 532 Probation system; confidential records; commissioner may declassify ...............HB 339 Property owners' associations; owners; right of access to records .......................HB 965 Public meetings and records; exemptions from disclosure...................................HB 467 Public officers and employees; certain property and records; preservation .......HB 1026 Public records; inspection; certain requests to be in writing ................................HB 833 Public records inspection; written requests; certain information redacted ...........HB 246 Sunshine in Litigation Act; enact........................................................................HB 1019
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Economic Development and Public Safety Act; enact .........................................HB 578 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit..............................................................................................HB 426 Employees' Retirement; certain public safety personnel; enhanced benefit.........HB 548 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187
PUBLIC SCHOOL EMPLOYEES Income tax credit; certain teachers or paraprofessionals ......................................HB 453 Retirement; age 60 or 30 years' credit...................................................................HB 276 Retirement; increase benefit..................................................................................HB 266 School counselors; national certification; salary increase ....................................HB 761 School psychologists; national certification; salary increase................................HB 808 Whistleblowers' Protection Act for Public School Employees; enact ...................SB 254
PUBLIC UTILITIES AND TRANSPORTATION Bottled water; consumption in public transit bus or rapid rail car or station; provisions; exception ...........................................................................HB 175 Communication service and devices; unlawful access; penalties.........................HB 867 East Central Georgia Railroad Excursion Authority; create.................................HB 497

Refer to numerical index for page numbers

INDEX

4189

Electric membership corporations; transmission line siting committee; provisions.......................................................................................HB 373
Electric, natural gas, and local phone companies; payment centers .....................HB 311 Electric utilities; renewable energy goals .............................................................HB 586 Eminent domain; electric transmission line; prohibit; exception .........................HB 305 Eminent domain; electric transmission line; Public Service
Commission issue certificate ..............................................................................HB 22 Family Violence Shelter Confidentiality Act of 2003; penalties
for disclosing information .................................................................................SB 147 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 House Meeting Georgia's Transportation Needs Through the
Year 2025 Study Committee; create.................................................................HR 760 Joint Study Committee on Location of Electric Transmission Lines; create.........SR 308 Limousine carriers; annual inspection reports ......................................................HB 455 Mass transportation service; increase limit of state funds ....................................HB 263 Municipal utility accounts; collection; statute of limitations................................HB 631 Natural gas competition and deregulation; regulated providers;
amend provisions ..............................................................................................HB 889 OCGA; conform references to House and Senate committee names ...................HB 846 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Public Service Commission; authority to regulate rates; pilot project ...................HB 50 Public transportation; corporation or authority; General
Assembly create CA ......................................................................................HR 818 Taxicabs; regulation by Department of Motor Vehicle Safety.............................HB 437 Telemarketing; no-call list; mobile or wireless telephones ...................................SB 272 Telephone service; collect long distance calls; required announcement ..............HB 604 Trains; operation, whistles, lights; remove certain provisions ...........................HB 1022 Unclaimed property; certain dividends or capital credits; disposition....................HB 24
PUBLICATIONS Adult bookstores and entertainment outlets and explicit media outlets; business occupation tax ....................................................................................HB 964 Access to Postsecondary Education Instructional Material Act; enact...............HB 1020
PURCELL, WYNELLE; commend..........................................................................HR 77
PURPLE HEART HIGHWAY; designate portion of State Route 232 .................HR 398
PURPLE HEART TRAIL Designate Interstate 95 within Georgia.................................................................HR 625 Designate Interstate 95 within Georgia..................................................................SR 171
PURVIS, WILBUR T. III; commend .....................................................................HR 392

Refer to numerical index for page numbers

4190

INDEX

PUTNAM COUNTY Commissioner districts; reapportion .....................................................................HB 248 Education districts; reapportion ............................................................................HB 245
PUTNAM GENERAL HOSPITAL Commend administrator, board, and staff...............................................................HR 14

Q

QUALITY BASIC EDUCATION Bill of rights for Georgia teachers; enact ..............................................................HB 275 Certificated professional personnel; compensation ..............................................HB 271 Certified school counselors and certified school social workers; salary increase....................................................................................................SB 178 College athletic recruitment rules; certain violations; cause of action provisions.................................................................................................HB 95 Deaf students; certification of interpreters............................................................HB 295 Driver education; local boards offer as elective; funding .....................................HB 281 Endangering a child's education; failure to enroll; penalties ................................HB 406 Expenditures; advanced placement test fees; class sizes; sales tax for educational purposes ....................................................................................SB 249 High priority school teachers; student loan repayments .........................................HB 99 School councils; amend provisions; State of the School presentation..................HB 390 School counselors; national certification; salary increase ....................................HB 761 Schools; mandatory attendance; change age to 17 ...............................................HB 179 State mandated student assessments; exempt certain international students ..........................................................................................HB 33 Students in transit; certain conditions; not to be counted tardy or absent...................................................................................................HB 434 Teachers and other personnel; certain forfeited leave; restoration .........................HB 25 Teachers; rights for continued employment; restore...............................................HB 81
QUALITY LIVING SERVICES, INC.; commend ...............................................HR 574
QUITMAN COUNTY Homestead exemption; certain residents...............................................................HB 667 Probate judge; nonpartisan elections.....................................................................HB 789

Refer to numerical index for page numbers

INDEX

4191

R
RABUN COUNTY; board of commissioners; amend provisions ...........................HB 684
RACETRACKS House Study Committee on Pari-mutuel Betting on Horse Racing; create ..........HR 781 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Redefine racketeering activity; include insurance fraud.......................................HB 236
RADAR SPEED DETECTION DEVICES Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .........................................HB 719 Motor vehicles; maximum speed limits for trucks; exception..............................HB 353 Radar; delete certain requirement; permit use while application pending............HB 188 Speed detection device; certain 30-day limitation; work zone speeding violations ...........................................................................................HB 329 Speed detection devices; required warning signs; change size.............................HB 313 Uniform rules of the road; traffic-control signal monitoring devices; civil monetary penalties....................................................................................HB 182
RADIO COMMON CARRIERS Communication service and devices; unlawful access; penalties.........................HB 867 Income tax credit; qualified broadband equipment...............................................HB 961 Income tax credits; certain counties; telecommunications ...................................HB 984 Motor vehicles; radios and mobile phones; prohibit certain use ..........................HB 125 Motor vehicles; radios and other sound-making devices; limits on sound volume...............................................................................................HB 302 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547
RAILROADS Commercial motor vehicles and school buses; prohibitions..................................SB 173 East Central Georgia Railroad Excursion Authority; create.................................HB 497 Railroads in Georgia; commend on improved safety; remote controlled locomotives......................................................................................HR 767 Trains; operation, whistles, lights; remove certain provisions ...........................HB 1022
RAMON, ILAN; condolences..................................................................................HR 119
RANDALL, NEKEISHA; 4-H honoree; commend ................................................HR 193
Refer to numerical index for page numbers

4192

INDEX

RANDOLPH COUNTY Grant easement.......................................................................................................SR 120 Homestead exemption; certain residents...............................................................HB 399 Probate judge; nonpartisan elections.....................................................................HB 790
RAPE; teen dating violence; prevention education program ....................................SB 346
RAULERSON, MR. AND MRS. DUKE; commend .............................................HR 291
RAWLS, AMELIA OLGA; commend ...................................................................HR 309
REAL ESTATE (Also, see Property) Appraisers, brokers, and salespersons; amend provisions; community association managers ........................................................................................HB 177 Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Public records inspection; written requests; certain information redacted ...........HB 246 Residential real property; freeze value; ad valorem tax; market value at acquisition CA ............................................................................................SR 311 Transfer tax; amend provisions...............................................................................HB 77
REAPPORTIONMENT General Assembly; reapportionment by independent commission CA...............HR 67 House districts; amend provisions ........................................................................HB 643 House districts 132, 134, 135, 136, 137, 138, 139, 141; reapportion ...................HB 640 Joint Study Committee on Legislative and Congressional Redistricting; create ..........................................................................................HR 408 Legislative and congressional reapportionment; specify requirements; community of interest ..........................................................................................SB 91 Senate districts; reapportion.......................................................................................SB 2 Senate districts; reapportion...................................................................................SB 239
RECKLESS CONDUCT Against peace or correctional officer; HIV or hepatitis infected person ..............HB 711 Certain assault by person infected with HIV or hepatitis; endangering peace or correctional officers...............................................................................SB 20
RECTOR, SCHUYLER; commend........................................................................HR 907
REDEVELOPMENT (See Buildings and Housing)
REDMAN, TIMOTHY SCOTT; commend...........................................................HR 859
REECE, JAMES; commend....................................................................................HR 608

Refer to numerical index for page numbers

INDEX

4193

REGIONAL DEVELOPMENT CENTERS; ratify change in boundaries ...........HR 266
REILING, MARY; commend .................................................................................HR 864
RELIGION Faith-based services to people in need; public money to fund CA ........................SR 1 Parking permits; certain transporters of persons with disabilities ........................HB 613 Quiet reflection in schools; clarification; silent prayer or meditation ..................HB 963 USA as Judeo-Christian nation; urge Congress reaffirm........................................HR 27
RENFORD, EDWARD J., PRESIDENT AND CHIEF EXECUTIVE OFFICER OF GRADY HEALTH SYSTEM; commend.................................HR 630
RESPRESS, EMMA; invite to House .....................................................................HR 616
RESTAURANTS; serving iced tea; requirements ...................................................HB 819
RETIREMENT AND PENSIONS Deferred compensation plans; contributions from employers and employees ......SB 155 Defined contribution plans; employer and employee contributions .....................HB 475 District attorneys emeritus; compensation; increase...............................................HB 55 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit...........................................................HB 753 Employees' Retirement and Teachers Retirement; unused sick leave; credit.......HB 817 Employees' Retirement; assistant district attorneys; credit for certain previous service ................................................................................................HB 292 Employees' Retirement; certain court administrators; certain service credit........HB 838 Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits .................................................................HB 491 Employees' Retirement; certain law enforcement personnel; amend provisions ................................................................................................HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit..............................................................................................HB 426 Employees' Retirement; certain members; credit for qualified prior service .......HB 439 Employees' Retirement; certain members; purchase additional years..................HB 480 Employees' Retirement; certain prior service; creditable service .........................HB 394 Employees' Retirement; certain public safety personnel; enhanced benefit.........HB 548 Employees' Retirement; certain temporary full-time service; credit ....................HB 498 Employees' Retirement; disability benefits; maximum compensation ...............HB 1034 Employees' Retirement; forfeited leave; include from prior service ....................HB 746 Employees' Retirement; group term life insurance; definition .............................HB 607

Refer to numerical index for page numbers

4194

INDEX

Employees' Retirement; Prosecuting Attorneys' Council members; certain credit .....................................................................................................HB 878
Employees' Retirement; reduced retirement allowance and partial lump sum payment............................................................................................HB 914
Employees' Retirement; tax officials' employees; membership ...........................HB 382 Employees' Retirement; 30 years' service; project to age 65................................HB 552 Employees' Retirement; 31 years' service; project to age 65................................HB 553 Employees' Retirement; 32 years' service; project to age 65................................HB 554 Employees' Retirement; 33 years' service; project to age 65................................HB 555 Employees' Retirement; vested after 5 years' service ...........................................HB 609 Firefighters' Pension; reemployment of retired firefighters..................................HB 809 Garnishment; exemption of certain pension funds; additional exemption ............... HB 6 Georgia Military Pension Fund; certain ordered active duty not
a break in service ..............................................................................................HB 461 Georgia Military Pension Fund; certain prior service; certain
call to active duty..............................................................................................HB 464 House Study Committee on Law Enforcement Retirement; create ......................HR 238 Insurance premium taxes; change provisions .......................................................HB 530 Joint Study Committee on State Retirement Plan Options; create ........................SR 107 Judges of the Probate Courts Retirement; certain application; date
benefits begin....................................................................................................HB 270 Judges of the Probate Courts Retirement; designated surviving beneficiary .......HB 739 Judicial Retirement; certain creditable service .....................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement .........HB 976 Judicial Retirement; certain local membership; transfer; service credit...............HB 923 Judicial Retirement; certain prior county service; credit ......................................HB 933 Judicial Retirement; Fulton County State Court judges; membership..................HB 441 Judicial Retirement; members transfer contributions from
Employees' Retirement System ........................................................................HB 224 Legislative Retirement; General Assembly; membership; prior service ..............HB 300 Local boards of education; certain benefits; authorize funds ...............................HB 328 Magistrates Retirement Fund; create ....................................................................HB 618 Peace Officers' Annuity and Benefit; creditable service for
certain prior service ........................................................................................HB 1027 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 Peace Officers' Annuity and Benefit; increase dues .............................................HB 268 Public School Employees Retirement; age 60 or 30 years' credit ........................HB 276 Public School Employees Retirement; increase benefit .......................................HB 266 Retirement and Pensions Code; corrections..........................................................HB 103 Sheriffs' Retirement; certain retirees; return to service.......................................HB 1005 State and Local Tax Revision Act of 2003; enact...................................................HB 43 State employees' retirement options; early retirement incentives..........................SB 159
Refer to numerical index for page numbers

INDEX

4195

Superior Court Clerks' Retirement; death of spouse; full benefit restored ...........HB 234 Superior Court Clerks' Retirement; 8 years' service; benefits ............................HB 1036 Taxable net income; retirement income exclusion; increase ................................HB 116 Teachers Retirement; certain non-public school service; credit ...........................HB 873 Teachers Retirement; certain prior service in public schools; credit....................HB 345 Teachers Retirement; contribution rate; certain reduction....................................HB 267 Teachers Retirement; creditable service; 29 years................................................HB 230 Teachers Retirement; early retirement; eliminate penalty ....................................HB 235 Teachers Retirement; employee's contribution rate..............................................HB 232 Teachers Retirement; 5 years' service; vested benefit ..........................................HB 615 Teachers Retirement; increase retirement allowance multiplier...........................HB 233 Teachers Retirement; postretirement benefit increase ..........................................HB 624 Teachers Retirement; prior service; definition......................................................HB 606 Teachers Retirement; reduced retirement allowance plus lump sum payment.....HB 917 Teachers Retirement; reemployment of retired teachers ......................................HB 216 Teachers Retirement; reemployment of retired teachers ......................................HB 231 Teachers Retirement; reemployment of retired teachers ......................................HB 366 Teachers Retirement; reemployment of retired teachers ......................................HB 376 Teachers Retirement; vested after 5 years' service ...............................................HB 608 Teachers Retirement; vested benefit; 5 years' membership..................................HB 546
REVENUE (See Taxation and Revenue)
REVENUE BONDS Gas facilities; War on Terrorism Local Assistance Act; enact ................................SB 87 Hedge contracts; powers of governmental bodies ................................................HB 544 Issuance of obligations; amend provisions ...........................................................HB 766
REYNOLDS, CITY OF; mayor and council; compensation ..................................HB 396
REYNOLDS, JEAN; invite to House......................................................................HR 396
RHO ZETA OMEGA CHAPTER, ALPHA KAPPA ALPHA SORORITY, INC.; recognize fifteenth anniversary ...........................................HR 849
RICHARDSON, JERRY D.; commend..................................................................HR 684
RICHMOND COUNTY Convey property.....................................................................................................SR 121 Probate judge; nonpartisan elections......................................................................SB 387 Richmond County and City of Augusta; commission; votes................................HB 635
RICKS, RAY; commend ..........................................................................................HR 518

Refer to numerical index for page numbers

4196

INDEX

RIDGWAY, JOANNE; commend...........................................................................HR 888
RINK, SANDRA PARRISH; commend .................................................................HR 757
RIVERDALE HIGH SCHOOL LADY RAIDERS BASKETBALL TEAM; commend ....................................................................HR 866
RIVERS, LAKES, AND HARBOR DEVELOPMENT Ad valorem tax; bona fide conservation use property; riverside or streamside land .............................................................................................HB 290 Coastal Marshlands Protection Act; exemption; private docks; residence..............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions...................HB 51 Coastal marshlands; protection provisions; exempt certain property ...................HB 178 Disposal of sand and sediment..............................................................................HB 727 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Lake Lanier Islands Development Authority; allocation of certain funds............HB 519 Lake Oconee; prohibit certain boats .....................................................................HB 444 Oconee River Greenway Authority; amend provisions ........................................HB 596 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina ..............................................................................SR 240 Timber harvesting operations; local regulation; limitations .................................HB 724 Timber harvesting; regulatory authority of counties and municipalities; limitations .........................................................................................................HB 244 Watercraft; vessel classification; required equipment; reportable accidents.........SB 134 Water resources; ground water, surface water, river basins, wells; state-wide water management plan...................................................................HB 237 Waters unsafe for recreation; Environmental Protection Division director order warning signs .............................................................................HB 881
ROACH, CHRIS; 4-H honoree; commend .............................................................HR 189
ROBB, MARI; commend.........................................................................................HR 495
ROBERT HENRY JORDAN MEMORIAL HIGHWAY; designate....................HR 25
ROBERT RAY PARKWAY Designate...............................................................................................................HR 133 Designate...............................................................................................................HR 257 Designate.................................................................................................................SR150
ROBERTS, BENNIE; condolences...........................................................................HR 72
ROBERTS, BRENDA; commend ...........................................................................HR 170

Refer to numerical index for page numbers

INDEX

4197

ROBERTSON, KAREN; commend........................................................................HR 474 ROBINSON, ASBURY CLARK, M.D.; commend ...............................................HR 301 ROBINSON, MILDRED BAKER; commend .......................................................HR 629 ROCKDALE COUNTY; commend........................................................................HR 248 ROCKDALE MAGNET SCHOOL FOR SCIENCE AND
TECHNOLOGY; commend................................................................................HR 771 ROCKMART, CITY OF; new charter .................................................................HB 1017 ROCKMART HIGH SCHOOL WRESTLING TEAM
Invite team and coaches to House.........................................................................HR 615
ROD SMITH MEMORIAL GARDEN Designate wildflower garden in median of Jesse Jewel Parkway.........................HR 175
ROGERS, ANNA; commend...................................................................................HR 891 ROGERS, CAPTAIN SHARON ELAINE; commend..........................................HR 136 ROGERS, EDGAR H. "BUTCH"; condolences ...................................................HR 444 ROGERS, JERRY; commend .................................................................................HR 338 ROLAND, DONALD "LANCE"
Condolences ............................................................................................................HR 78 Condolences ..........................................................................................................HR 886 ROWE, DONNA; commend....................................................................................HR 909 ROYAL, HONORABLE RICHARD; committee assignment ................................Page 2 RUMMEL, KATIE RUTH; condolences .................................................................HR 79 RUMPH, DR. FRANK MARVIN; commend ........................................................HR 450 RURAL HEALTH DAY; recognize March 7, 2003 ...............................................HR 272 RYLES, COLE; invite to House..............................................................................HR 149

Refer to numerical index for page numbers

4198

INDEX

S
SABO, CIJI ANN; commend................................................................................... HR 731
SADLER, LINDA; commend .................................................................................. HR 520
SALE CITY, CITY OF; new charter ...................................................................... HB 940
SALEM UNITED METHODIST CHURCH; commend...................................... HR 803
SALES AND USE TAX Amend certain definitions ....................................................................................... HB 76 Certain carpet samples; fair market value............................................................. HB 189 Certain food and beverages; allocate to homeowner's incentive adjustment CA ............................................................................................... HR 108 Community improvement district; imposition of sales tax; approval CA ......... HR 814 Dealers' sales tax returns; estimated tax liability payments; increase threshold ............................................................................................. HB 855 Educational purposes; local boards; performance audit ....................................... HB 346 Education expenditures; advanced placement test fees; class sizes; sales tax for educational purposes .....................................................................SB 249 Exempt certain sales; chartered boats ................................................................... HB 349 Exemption; archeological exploration and preservation....................................... HB 223 Exemption; archeological exploration and preservation....................................... HB 308 Exemption; athletic event tickets; University System .......................................... HB 251 Exemption; certain gas for production of electricity ............................................ HB 202 Exemption; certain sales to volunteer fire departments ........................................ HB 358 Exemption; certain school clothes, supplies, computer items; limited time......... HB 204 Exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund ........................................................................................ HB 258 Exemption; fuel for certain swine raising purposes.............................................. HB 425 Exemption; liquefied gas; horticultural purposes ................................................... HB 96 Exemption; liquid petroleum gas; horticultural purposes..................................... HB 148 Exemption; sales of certain energy efficient appliances....................................... HB 361 Exemption; school clothes, supplies, computers; annually in August.................. HB 228 Exemption; school supplies, clothing, computers; limited time ........................... HB 250 Exemption; school supplies, clothing, computers; limited time ........................... HB 542 Exempt sales of certain pollution control chemicals ............................................ HB 141 Homestead option sales tax; referendum; disbursement of proceeds ................... HB 522 House Study Committee on Sales and Use Tax Simplification; create ................ HR 261 Joint county and municipal sales tax; rate for consolidated governments............ HB 207
Refer to numerical index for page numbers

INDEX

4199

Joint county and municipal sales tax; 2% levy by consolidated governments ....... HB 92 Joint county and municipal sales tax; 2% levy by consolidated governments ..... HB 249 Joint county and municipal sales tax; 2% levy by consolidated governments ..... HB 287 Local option sales tax; additional county 1% levy; authorization ........................ HB 297 Local sales taxes; limitation; certain exclusions ................................................... HB 709 Motor fuel tax; prepaid tax.................................................................................... HB 504 Motor vehicles; certificates of title; payment of sales tax .................................... HB 560 Municipal Option Sales Tax Act; enact ................................................................ HB 514 New municipality; creation; minimum distance; sales tax distribution................ HB 315 Phased-in exemption; food and beverages in vending machines.......................... HB 481 Special county 1% sales tax; amend provisions.................................................... HB 572 Special county 1% sales tax; proceeds; authorize additional uses........................ HB 135 Special purpose local option sales tax; levy and debt provisions; referendum .... HB 883 State and Local Tax Revision Act of 2003; enact................................................... HB 43 Temporary rate change.......................................................................................... HB 520 Temporary rate change.......................................................................................... HB 541 2% tax ceiling on various taxes; exclusion ........................................................... HB 290
SALTER, ALEX; commend .................................................................................... HR 158
SANDY CREEK HIGH SCHOOL BOYS BASKETBALL TEAM; invite to House ........................................................................................ HR 320
SANDY SPRINGS, CITY OF House Sandy Springs Study Committee; create ................................................... HR 603 Incorporate ............................................................................................................ HB 150 Incorporate; new charter ....................................................................................... HB 969
SANTA CLAUS, CITY OF; homestead exemption; base year assessed value...... HB 785
SAVANNAH ARTS ACADEMY'S SILVER WINDS ENSEMBLE; commend....................................................................................... HR 924
SAVANNAH, CITY OF; corporate limits............................................................... HB 989
SAVANNAH ST. PATRICK'S DAY PARADE Invite certain persons to House............................................................................. HR 269
SAYE, C. DAVID; commend................................................................................... HR 911
SCHAFFNER, DR. DONALD PAUL; commend.................................................. HR 868

Refer to numerical index for page numbers

4200

INDEX

SCHOOL BUSES Commercial driveways; permits; certain school bus loading areas ...................... HB 763 Commercial motor vehicles and school buses; prohibitions..................................SB 173 Students; certain acts of physical violence; disciplinary tribunal......................... HB 583
SCHOOL READINESS, OFFICE OF Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds................................................................ HB 524 Day-care; certain pre-kindergarten programs; licensing; exemptions .................. HB 525 Eliminate ................................................................................................................SB 248
SCHOOLS (Also, see Education) Certified school counselors and certified school social workers; salary increase....................................................................................................SB 178 Certified School Social Worker Specialists; salary increase ................................ HB 320 Charter schools; amend provisions ......................................................................SB 216 Children's Internet Protection Act; enact; schools, libraries, funding for computers .......................................................................................................SB 52 College athletic recruitment rules; certain violations; cause of action provisions................................................................................................. HB 95 Contracts for school principals; date for tendering............................................... HB 360 Division of school board mediation; provisions ................................................... HB 459 Driver education; local boards offer as elective; funding ..................................... HB 281 Electronic textbooks; make available to local boards, schools, and students....... HB 363 Elementary and middle school students; daily break.......................................... HB 1013 Endangering a child's education; failure to enroll; penalties ................................ HB 406 Home school students; eligibility; extracurricular programs in public schools ................................................................................................SB 210 HOPE scholarships; eligibility; schools with certain accreditation.................... HB 1011 House Study Committee on School Restroom Standards; create ......................... HR 528 House Study Committee on Uniform High School Grading; create....................... HR 51 Joint enrollment; certain private schools and home study programs.................... HB 985 Local boards; adopt truancy policy....................................................................... HB 900 Local boards of education; establish start date of school year.............................. HB 930 Maximum speed limit; school zones; 25 miles per hour ...................................... HB 219 Pagers and electronic communication devices; possesion by students....................SB 29 Public institutions, schools, and sporting events; quiet reflection period; urge Congress require ....................................................................................... HR 172 Public schools; annually observe Celebrate Freedom Week; week of 9/11 ......... HB 253 Quiet reflection in schools; clarification; silent prayer or meditation .................. HB 963 Sales tax exemption; certain school clothes, supplies, computer items; limited time....................................................................................................... HB 204
Refer to numerical index for page numbers

INDEX

4201

Sales tax exemption; school clothes, supplies, computers; annually in August........................................................................................................... HB 228
Sales tax exemption; school supplies, clothing, computers; limited time ............ HB 250 Sales tax exemption; school supplies, clothing, computers; limited time ............ HB 542 School attendance officers; authority; certain peace officers; duties.................... HB 395 School buses and commercial motor vehicles; prohibitions..................................SB 173 School councils; amend provisions; State of the School presentation.................. HB 390 School counselors; national certification; salary increase .................................... HB 761 School Pesticide Act; enact; regulations............................................................. HB 1042 School psychologists; national certification; salary increase................................ HB 808 School Restroom Standards Act; enact................................................................. HB 336 Student codes of conduct; violation; certain disciplinary action .......................... HB 132 Students; certain acts of physical violence; disciplinary tribunal......................... HB 583 Students in transit; certain conditions; not to be counted tardy or absent ............ HB 434 Students under age 16; prohibit permanent expulsion .......................................... HB 962 Teachers; employment rights; compensation for increase in
student test scores ..............................................................................................SB 193 Textbooks of excessive weight; provisions to protect students from injury......... HB 412 Virtual charter schools; provisions ........................................................................SB 203
SCOTT, DR. PAUL; commend ............................................................................... HR 160
SCOTT, GEORGE RAFT, SR.; commend ............................................................ HR 390
SCREVEN COUNTY Chief magistrate; nonpartisan elections ................................................................ HB 904 Convey property.....................................................................................................SR 120 Probate judge; nonpartisan elections..................................................................... HB 849 Public facilities authority; create........................................................................... HB 936
SCREVEN COUNTY HIGH SCHOOL FOOTBALL TEAM; commend and invite to House................................................................... HR 69
SEARCH AND RESCUE DOGS; authorize erection of monument honoring ...... HR 357
SEARCHES AND SEIZURES Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification..............................................................................................SB 119 Appeals; postconviction DNA testing; procedure ................................................ HB 599 Personal property in custody of law enforcement agency; disposition................. HB 484 Property unlawfully obtained; photographic record ............................................. HB 195
SEARS, JOE; commend........................................................................................... HR 854

Refer to numerical index for page numbers

4202

INDEX

SEAT BELTS Child passenger restraining systems; amend provisions....................................... HB 371 Child restraints; change age .................................................................................. HB 217 Pickup trucks and off-road vehicles; requirement; fines ...................................... HB 296 Safety restraints for children; change provisions.................................................. HB 966
2d LT. BRITT CUMMING DAY IN GEORGIA; observe April 29, 2003.......... HR 347
SECRETARY OF STATE Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ................................................................................... HB 908 Communication ..................................................................................................... Page 23 Corporations; reservation of names and filing fees; change provisions ................SB 132 Director of protocol and international affairs; create position.............................. HB 458 Elections; petition candidates; notification of requirements................................. HB 723 International Affairs Coordinating Council; create .............................................. HB 324 Licensing boards; complaints against liscensee; athletic trainers; licensing violations............................................................................. HB 352 Public officers and employees; certain property and records; preservation ....... HB 1026
SELLING AND OTHER TRADE PRACTICES Assisted living facilities; Levels I and II; provisions.......................................... HB 1033 Certain equipment and materials; retention of title............................................... HB 829 Consumer reporting agencies; notification; certain inquiries ............................... HB 656 Convenience stores; safety enclosure for cash register operators......................... HB 418 Fair business practices; certain motor vehicle sales; spot delivery......................... HB 94 Gasoline dealers; registration; amend provisions ................................................. HB 111 Motor vehicle franchises; warranty reimbursement agreements; enforcement .... HB 581 Retail gasoline dealers; post certain warning signs .............................................. HB 388 Retail installment contracts and revolving accounts; fees .................................... HB 517
SENATE Carter, President Jimmy; Nobel Laureate; address joint session.......................... HR 545 Eligibility to prefile bills and resolutions.............................................................. HB 629 General Assembly, Lt. Governor, House Speaker; term limits CA................... HR 354 General Assembly members; annual salaries; reduce 5 percent........................... HB 192 General Assembly Training Institute; appointment of members............................ HB 57 Joint MARTA Finance Study Committee; create ................................................. HR 147 Joint session; Governor's message .......................................................................... HR 12 Joint session; message from Chief Justice of Supreme Court ................................ HR 32 Joint Study Committee on Certified Professional Midwifery; create................... HR 227 Joint Study Committee on State Government Decentralization; create.................. HR 24

Refer to numerical index for page numbers

INDEX

4203

Legislative and congressional reapportionment; specify requirements; community of interest ..........................................................................................SB 91
Legislative Retirement; General Assembly; membership; prior service .............. HB 300 Notify Senate; House convened................................................................................ HR 9 Salaries of certain state officials; 10 percent reduction ........................................ HB 222 Senate districts; reapportion.......................................................................................SB 2 Senate districts; reapportion...................................................................................SB 239
SENIOR WEEK AT THE CAPITOL; recognize March 3-7, 2003 ..................... HR 368
SENTENCE AND PUNISHMENT Criminal procedure; discovery in felony cases; oral scientific reports; sentencing hearings............................................................................................SB 175 Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties...............................SB 205 Georgia Capital Punishment Study Commission; create ...................................... HR 546 Georgia Racial Justice Act; enact ......................................................................... HB 129 Juvenile proceedings; youthful offenders; amend provisions............................... HB 670
SEPTIC TANKS On-site sewage management systems; Department of Human Resources adopt statewide regulations ............................................................. HB 992 Septic tank waste; counties provide for disposal .................................................. HB 951 Sewage holding tanks; commercial waste; regulation .......................................... HB 487 Sewage mangement systems; soil reports; soil classifiers and other professionals .............................................................................................SB 129
SEXUAL OFFENSES Aggravated child molestation; prosecution at any time........................................ HB 190 Assisted living facilities; Levels I and II; provisions.......................................... HB 1033 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ..................................................................................SR 35 Child abuse; certain sexual abuse; parent report................................................... HB 241 Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties ...........................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties ............SB 124 First offenders; records disclosure when applying for certain employment............SB 22 Keeping a place of prostitution; penalty provisions ................................................SB 77 Parental power, grandparent visitation, adoption; prohibition; certain conviction.............................................................................................. HB 330 Persons supervising children; criminal background checks; National Crime Information Center.................................................................. HB 316
Refer to numerical index for page numbers

4204

INDEX

Sex offender registration; amend provisions ........................................................ HB 463 Sexual exploitation of children; computer pornography; obscene
Internet contact with child ................................................................................ HB 462 Sexually offensive material or content; distribution through
electronic media ....................................................................................................SB 5 Sexually violent predators; prohibit where minors congregate;
keeping a place of prostitution involving minors; penalties..............................SB 101 Sexual offenders; probation or parole; register prior to release............................ HB 577 Sexual offenses; pimping; change provisions....................................................... HB 438 Teen dating violence; prevention education program............................................SB 346
SHARP, ROBERT R.; commend............................................................................ HR 592
SHEEHAN, JOE; commend.................................................................................... HR 496
SHELTON ISAIAH DELOACH MEMORIAL BRIDGE; designate................. HR 129
SHEPHERD, JOHN SCOTT, JR.; celebrate birth ................................................ HR 797
SHERIFF-ELECT DERWIN BROWN MEMORIAL BRIDGE; designate...... HR 106
SHERIFFS Carrying weapon without license; prohibit; exception to prohibition ................ HB 1010 Certain business activities; prohibit .......................................................................SB 117 Change qualifications............................................................................................ HB 612 County judicial offices; nonpartisan elections; provide by local Act ..................... HB 47 Engaging in certain businesses; violation of oath of office .................................. HB 415 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123 House Study Committee on Sheriffs' Powers; create ........................................... HR 226 Indigent Defense Act; enact; circuit public defenders .......................................... HB 828 Nonpartisan elections ...............................................................................................SB 26 Nonpartisan elections of local officers; additional officers .................................. HB 622 Pardons and paroles; notification of decision ....................................................... HB 582 Sheriffs' Retirement; certain retirees; return to service....................................... HB 1005 Services; increase certain fees............................................................................... HB 824
SHERRILL, FRANK W.; commend ...................................................................... HR 925
SHERROD, HONORABLE ROBERT ALLEN; condolences............................. HR 288
SHIFLET, JONATHAN; commend ....................................................................... HR 883

Refer to numerical index for page numbers

INDEX

4205

SHIPMAN, CALVIN; commend............................................................................. HR 827 SHIPMAN, REVEREND JAMES "JC"; commend............................................... HR 96 SILVER-HAIRED LEGISLATURE; invite to House .......................................... HR 352 SIMMONS, EDWARD EARL, JR.; commend ..................................................... HR 415 SIMS, CLIFF; 4-H honoree; commend ................................................................... HR 163 SINGLETON, JACQUELINE LAROSE; invite to House ................................... HR 268 SKAL INTERNATIONAL ATLANTA DAY IN GEORGIA
Recognize April 14, 2003 ..................................................................................... HR 742 SKIPPER, HONORABLE JIMMY
Communications ................................................................................................. Page 322 Election; Majority Leader; 2003-2004 term ....................................................... Page 330 SLOSHEYE TRAIL BIG PIG JIG; commend...................................................... HR 290 SMITH, ANNETTE; commend............................................................................... HR 521 SMITH, ARCHIE; condolences.............................................................................. HR 893 SMITH, CHARLIE L.; commend........................................................................... HR 369 SMITH, DEBRA; commend.................................................................................... HR 498 SMITH, EDITH; commend ..................................................................................... HR 298 SMITH, HONORABLE CHARLIE; commend .................................................... HR 840 SMITH, HONORABLE FAYE; communications .....................................Pages 323, 324 SMITH, HONORABLE TOMMY; Communication; missed roll call; illness ............................................................ Page 303 SMITH, KONO; commend...................................................................................... HR 789 SMITH, MAYOR KENNETH E., SR.; commend ................................................ HR 281 SMITH, MICHAEL; commend .............................................................................. HR 522

Refer to numerical index for page numbers

4206

INDEX

SMITH, NANCY; commend ................................................................................... HR 788
SMITH, NETA; commend....................................................................................... HR 741
SMITH, ROBERT W. (RED); commend............................................................... HR 607
SMITH, SHIRLEY; commend................................................................................ HR 497
SMITH, WHARTON "PAUL" IV; commend ...................................................... HR 899
SMITH, ZACHARY H.; commend......................................................................... HR 912
SMITHGALL, CHARLES AUGUSTUS, JR.; condolences .................................. HR 39
SMITHVILLE, CITY OF; mayor and council; staggered terms ........................... HB 650
SMYRE, HONORABLE CALVIN Communication; Representative Jimmy Skipper elected Majority Leader ........ Page 330
SOCIAL SERVICES Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adult Day Center for Aging Adults Licensure Act; enact.................................... HB 318 Advisory committee on seniors and prescription drug costs; establish ................ HB 935 Assisted living facilities; Levels I and II; provisions.......................................... HB 1033 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds................................................................ HB 524 Child abuse records; access by Office of Readiness and Department of Education...................................................................................SB 201 Child care facilities; liability insurance coverage ...................................................SB 24 Child protective services; access to criminal history records ................................SB 200 Children and youth; day-care employees; require first aid and CPR training ...... HB 977 Children in protective custody; cost of care; reimbursement ............................... HB 489 Community living arrangements and drug abuse treatment and education programs; licensure; regulations .......................................................SB 264 Day-care; certain pre-kindergarten programs; licensing; exemptions .................. HB 525 Day-care facilities; licensing; liability insurance required ................................... HB 433 Defense of Scouting Act; enact............................................................................... HB 37 Faith-based services to people in need; public money to fund CA ........................SR 1 Family and children services; county director; serve in multiple counties........... HB 866 Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt........................................................... HR 358

Refer to numerical index for page numbers

INDEX

4207

Human resources; Choose Life adoption support program; special license plates......................................................................................... HB 254
Human resources; Choose Life adoption support program; special license plates......................................................................................... HB 286
Independence Plus Act; enact ............................................................................... HB 701 Juvenile proceedings; child placement orders; amend provisions ........................SB 236 Juvenile proceedings; youthful offenders; amend provisions............................... HB 670 Medical education and physician workforce; provisions........................................ HB 56 Nursing Home Provider Fee Act; enact ................................................................ HB 526 OCGA; conform references to House and Senate committee names ................... HB 846 Persons supervising children; criminal background checks; National
Crime Information Center ................................................................................ HB 316
SOCIAL WORK STUDENT LOBBY DAY Recognize February 18, 2003; Professional Social Work Month; recognize March, 2003 ..................................................................................... HR 252
SOIL AND WATER CONSERVATION Farmland Protection Act; enact............................................................................. HB 822 Health; sewage management systems; soil reports; soil classifiers and other professionals ......................................................................................SB 129 Professional engineers and land surveyors; redefine land surveying ................... HB 726 River and harbor development; disposal of sand and sediment............................ HB 727 Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board................................................................................................. HB 285 Soil erosion and sedimentation; ordinances related to land-disturbing activities; planning and zoning commission..................................................... HB 509 Water resources; farm uses; water-measuring device........................................... HB 579 Water resources; ground water, surface water, river basins, wells; state-wide water management plan................................................................... HB 237
SOLAR ENERGY (See Energy)
SOLOMAN, MORGAN E. "GENE"; condolences .............................................. HR 327
SONNY DIXON INTERCHANGE; designate ...................................................... HR 213
SONNY KEMP INTERSECTION; designate in Hall County ................................ HR 28
SOUTH CAROLINA, STATE OF Joint development authorities; county of this state and contiguous county of South Carolina; sports facility or amphitheater................................ HB 309
Refer to numerical index for page numbers

4208

INDEX

Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina ..............................................................................SR 240
SOUTH DEKALB NEIGHBORHOOD COALITION; commend...................... HR 205
SOUTHWEST GEORGIA REGIONAL PUBLIC LIBRARY SYSTEM; invite certain library representatives to House ..................................... HR 82
SOY UNICA! SOY LATINA!; commend............................................................ HR 599
SPACE SHUTTLE COLUMBIA CREW; condolences ....................................... HR 126
SPALDING COUNTY Change board of elections to board of elections and registration......................... HB 657
SPEAKER OF THE HOUSE Budgetary Responsibility Oversight Committee; appointment of members .................................................................................................... Page 158 Communications ...........................................................................Pages 2, 17, 18, 19, 22 Election ................................................................................................................. Page 29
SPEAKER PRO TEMPORE; election................................................................... Page 31
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Health Care Protection Act; violations of licensing provisions; penalties ............SB 162 State licensing boards; reduce number of members.............................................. HB 597
SPEIR, DON; commend........................................................................................... HR 774
SPENCER, CHIEF ROGER ALAN; condolences................................................ HR 832
SPENCER, CUBMASTER LESLIE AND CUB SCOUT PACK 17; commend............................................................................................. HR 631
SPEYER, JULIE; commend.................................................................................... HR 453
SPORTS Athletic and Entertainment Commission; amend provisions................................ HB 558 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth activities .........................................SB 198 Home school students; eligibility; extracurricular programs in public schools ................................................................................................SB 210

Refer to numerical index for page numbers

INDEX

4209

Hotels and motels; excessive room rates during special sporting events; prohibit ..................................................................................................SB 150
House Study Committee on Adapted Athletics; create......................................... HR 743 Joint development authorities; county of this state and contiguous
county of adjoining state; sports facility or amphitheater ................................ HB 309 Municipalities; lease property to certain nonprofit corporation ........................... HB 423 Public institutions, schools, and sporting events; quiet reflection period;
urge Congress require ....................................................................................... HR 172 Sales tax exemption; athletic event tickets; University System............................ HB 251 Special license plates; professional sports team foundations ................................SB 228
SPORTS, W. DON AND IDA MAE; commend .................................................... HR 927
ST. MARYS, CITY OF; Convention and Visitors Bureau Authority; create......... HB 839
STAFF SGT. AVELY W. RUNNELS MEMORIAL HIGHWAY; designate......................................................................................... HR 107
STALKING AND AGGRAVATED STALKING Domestic relations; temporary protective orders; duration .................................. HB 722 Family violence and stalking protective order registry; standardized forms; recording procedures ..............................................................................SB 123 Violating family violence order; define offense; penalties................................... HB 812
STANLEY, CADET COLONEL AMBER; commend ......................................... HR 695
STARR, HONORABLE TERRELL; communication ........................................ Page 329
STATE COURTS OF COUNTIES Courts; certain clerks; continuing education......................................................... HB 995 Technology and indigent defense fees and certain fines; authorize ..................... HB 240
STATE EMPLOYEES Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Deferred compensation plans; contributions from employers and employees ......SB 155 Defined contribution plans; employer and employee contributions ..................... HB 475 Elected public officers; residency requirements; oath and affidavit..................... HB 405 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit........................................................... HB 753 Employees' Retirement and Teachers Retirement; unused sick leave; credit....... HB 817

Refer to numerical index for page numbers

4210

INDEX

Employees' Retirement; assistant district attorneys; credit for certain previous service .................................................................................... HB 292
Employees' Retirement; certain court administrators; certain service credit........ HB 838 Employees' Retirement; certain employees of Motor Vehicle
Safety Department; certain benefits ................................................................. HB 491 Employees' Retirement; certain law enforcement personnel;
amend provisions ................................................................................................ HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula ..... HB 476 Employees' Retirement; certain law enforcement personnel; enhanced
retirement benefit.............................................................................................. HB 426 Employees' Retirement; certain members; credit for qualified prior service ....... HB 439 Employees' Retirement; certain members; purchase additional years.................. HB 480 Employees' Retirement; certain prior service; creditable service ......................... HB 394 Employees' Retirement; certain public safety personnel; enhanced benefit......... HB 548 Employees' Retirement; certain temporary full-time service; credit .................... HB 498 Employees' Retirement; disability benefits; maximum compensation ............... HB 1034 Employees' Retirement; forfeited leave; include from prior service .................... HB 746 Employees' Retirement; group term life insurance; definition ............................. HB 607 Employees' Retirement; Prosecuting Attorneys' Council members;
certain credit ..................................................................................................... HB 878 Employees' Retirement; reduced retirement allowance and partial
lump sum payment............................................................................................ HB 914 Employees' Retirement; tax officials' employees; membership ........................... HB 382 Employees' Retirement; 30 years' service; project to age 65................................ HB 552 Employees' Retirement; 31 years' service; project to age 65................................ HB 553 Employees' Retirement; 32 years' service; project to age 65................................ HB 554 Employees' Retirement; 33 years' service; project to age 65................................ HB 555 Employees' Retirement; vested after 5 years' service ........................................... HB 609 Former state employees; return to service; forfeited sick leave restored.............. HB 289 Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation ........ HB 708 Health insurance; covered benefits; off-label prescription drugs ............................SB 96 Health insurance; state employees no longer covered by federal
insurance plan ....................................................................................................SB 282 Industries for the Blind; manufactured products; purchase by
state employees; exception ............................................................................... HB 256 Judicial Retirement; certain judges; transfer from Employees' Retirement ......... HB 976 Judicial Retirement; members transfer contributions from
Employees' Retirement System ........................................................................ HB 224 Managed health care plans; right to independent review; include
state employees................................................................................................. HB 697 Public Service Employees' Occupational Safety and Health Act; enact .............. HB 277

Refer to numerical index for page numbers

INDEX

4211

Secretary of State; director of protocol and international affairs; create position................................................................................................... HB 458
State benefits plans; include employees of critical access hospitals, federally qualified health centers, and community service boards................... HB 638
State employees; certain office holders; use of annual and personal leave .......... HB 348 State employees' health insurance; agricultural commodity
commission employees..................................................................................... HB 101 State employees' health insurance; agricultural commodity
commission employees..................................................................................... HB 147 State employees' health insurance; certain community service retirees ............... HB 594 State employees; consumer driven health plan option; provisions........................SB 344 State employee's retirement options; early retirement incentives..........................SB 159 State government; phones; prohibit certain voice mail use .................................. HB 627 Whistleblower Protection Act; enact .................................................................... HB 165
STATE GOVERNMENT Administrative Services, Department of; certain bidding procedure; delete repealer ................................................................................................... HB 291 African Affairs Commission; create ..................................................................... HB 937 Audits and Accounts, Department of; performance audits................................... HB 159 Certain state and local construction; urge certain design and material standards ...................................................................................... HR 668 Civil actions; substantive revisions....................................................................... HB 792 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .......................SB 108 Coin operated amusement machines; regulation .................................................. HB 891 Coin operated amusement machines; revise provisions ....................................... HB 573 Commission on Efficiency in State Government; create ...................................... HR 623 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Contracts; public works; prohibit certain requirement ....................................... HB 1009 County and state ordinances; violation; increase penalty ..................................... HB 226 Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs .................................. HB 456 Elections; campaign activities; prohibit on certain grounds ................................... HB 49 Elections; direct recording electronic voting systems; amend provisions ............ HB 427 Emergency management agencies; certain employees; indemnification...............SB 218 Emergency management; unified incident command system; provisions.............SB 243 Emergency Medical Services Medical Directors Advisory Council; create ...........SB 81 Environmental policy; publication of rationale; noncompliance.......................... HB 242 Environmental policy; regulatory decisions; publication requirements ...............SB 172 Ethics in government; comprehensive reforms......................................................SB 168 Ethics; reforms, campaign contributions, activities on behalf of inmates ...............SB 31
Refer to numerical index for page numbers

4212

INDEX

Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments ..................................SB 109
Faith-based services to people in need; public money to fund CA ........................SR 1 Fines and forfeitures; certain traffic fines; pay to state treasury........................... HB 102 Fiscal Note Act; certain bills; require statement upon introduction ....................... HB 10 Georgia Capital Punishment Study Commission; create ...................................... HR 546 Georgia Emergency Management Agency; state government safety
plans; exemptions ............................................................................................. HB 632 Georgia Procurement Registry; certain bid opportunities; advertisement............ HB 409 Guardian and ward; comprehensive revision of provisions.................................. HB 229 Israel, State of; urge national support; declare Georgia support............................. HR 50 Joint Study Committee on State Government Decentralization; create.................. HR 24 Lobbying practices; state government; prohibit public funds................................. HB 15 Local government entities and state authorities; timely payment
for goods and services ...................................................................................... HB 374 Lottery for education; proceeds; compensation to retailers .................................. HB 934 Lottery for education; proceeds; compensation to retailers .................................. HB 978 Martin Luther King, Jr. Commission; create ........................................................ HB 243 Martin Luther King, Jr. State Holiday Commission; create ................................. HB 718 Minority business enterprises; certification procedures; amend provisions ..........SB 115 OCGA; conform references to House and Senate committee names ................... HB 846 Open meetings and records; amend provisions..................................................... HB 827 Open meetings and records; exception to disclosure; security issues................... HB 384 Open records and open meetings; exceptions to provisions ..................................SB 113 Open records; certain exemption; redact identifying information........................ HB 331 Open records; exemption; certain personal information....................................... HB 903 Open records exemption; public water supply or sewage systems;
judicial review in camera.................................................................................. HB 807 Open records; exemption; public water supply systems or sewage systems ........ HB 703 Open records requests; compliance; Internet records ........................................... HB 532 Phones; prohibit certain voice mail use ................................................................ HB 627 Public institutions, schools, and sporting events; quiet reflection period;
urge Congress require ....................................................................................... HR 172 Public meetings and records; exemptions from disclosure................................... HB 467 Public officials; decrease in salary........................................................................ HB 568 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Public records; inspection; certain requests to be in writing ................................ HB 833 Public records inspection; written requests; certain information redacted ........... HB 246 Public roads and Georgia Regional Transportation Authority;
repeal allocation of funds ................................................................................. HB 212 Roadside beautification; public rights of way; provisions.................................... HB 180 Savannah River and Port of Savannah; urge bilateral port commission;
Georgia and South Carolina ..............................................................................SR 240

Refer to numerical index for page numbers

INDEX

4213

State agencies; prohibit requiring social security numbers..................................... HB 61 State and Local Tax Revision Act of 2003; enact................................................... HB 43 State and nonprofit contractors; legislative oversight panels ................................. HB 98 State buildings; comply with Leadership in Energy and Environmental
Design Green Building Rating System standards ............................................ HB 127 State capitol buildings in U. S.; urge Federal Aviation Administration
restrict airspace ................................................................................................. HR 148 State defense force; authority to use certain state property .................................. HB 303 State depositories; certain letters of credit to secure state funds .......................... HB 777 State employees; payroll deductions; Higher Education Savings Plan;
certain inclusion in defined contribution plan .................................................. HB 424 State Financing and Investment Commission and Environmental
Facilities Authority; amend .............................................................................. HB 621 State, local governments, local boards of education; timely payment
of goods and services........................................................................................ HB 725 State Planning for Increased Community Access Act; enact.............................. HB 1040 State property; naming for elected public official; amend provisions.................... HB 17 State property; restrictions on naming or renaming for public officials..................SB 73 State purchasing; benefits based funding projects; certain contracts.................... HB 550 State purchasing; budget emergency; Governor reduce costs .............................. HB 571 State purchasing contracts; preference for Georgia vendors ................................ HB 200 State Road and Tollway Authority; use of tolls...................................................... HR 66 State Sovereignty and Federal Tax Funds Act; enact ............................................... HB 3 Surplus state property; disposal methods; include electronic sale........................ HB 133 Terrorism Prevention Act of 2003; Criminal Justice Coordinating
Council membership; training of airport managers...........................................SB 187 Transportation Department; unsolicited proposals; use of state funds
in mass transportation projects ..........................................................................SB 257 Treasury and Fiscal Services, Office of; revenue enhancement fund................. HB 1030 University System employees; doing business with state; limited
exception to prohibition.....................................................................................SB 255 Violation of certain ordinances; increased jail time.............................................. HB 879 Water reservoirs; locally funded; state take-over; compensation ..........................SB 246 Water resources; ground water, surface water, river basins, wells;
state-wide water management plan................................................................... HB 237
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE ROAD AND TOLLWAY AUTHORITY Certain SR 400 tolls; restrict usage....................................................................... HB 218

Refer to numerical index for page numbers

4214

INDEX

Transportation department investigators; transportation funds; toll revenues.......SB 221 Use of tolls .............................................................................................................. HR 66
STATE SYMBOLS Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center.......................... HB 494 Green tree frog; designate official state amphibian .............................................. HB 257 Green tree frog; designate official state amphibian .............................................. HB 365 Official Frontier and Southeastern Indian Interpretive Center; designate ............ HB 865 Special license plates; United States flag.............................................................. HB 473 State flag; change design....................................................................................... HB 732 State flag; change design....................................................................................... HB 773 State flag; change design CA ................................................................................. HR 1 State flag; change design; advisory referendum ................................................... HB 823 State Flag Design Commission; create ................................................................. HB 898 State flag; nonbinding state-wide referendum ...................................................... HB 380 State flag; prohibit certain symbols; exception..................................................... HB 899 The Mighty Eighth Air Force Heritage Museum; designate official center for character education; Funk Heritage/Bennett Center at Reinhardt College; designate official frontier and Southeastern Indian Interpretive Center....................................................................................SB 33
STATESBORO, CITY OF Downtown Statesboro Development Authority District; boundaries ................... HB 728
STEPHENS, HOLLIS JACK; condolences ........................................................... HR 305
STEPHENS, HONORABLE BILL; communications ...............................Pages 326, 327
STEPHENS, LISA; 4-H honoree; commend........................................................... HR 188
STEPHENS, WILLIE, JR.; commend ................................................................... HR 675
STEPP, AUD LEE; condolences ............................................................................. HR 307
STEVENSON, BRIGADIER GENERAL LAWRENCE H., USAF; commend .................................................................................................. HR 443
STEWART COUNTY; probate judge; nonpartisan elections................................. HB 924
STEWART, AMY Commend .............................................................................................................. HR 762 Commend .............................................................................................................. HR 822

Refer to numerical index for page numbers

INDEX

4215

STOCKBRIDGE, CITY OF Elected officials; service on boards, commissions, and authorities...................... HB 750
STONE MOUNTAIN MEMORIAL ASSOCIATION Members; requirements....................................................................................... HB 1014
STONE, BOB; commend ......................................................................................... HR 579
STONE, JUDGE LOWREY S.; condolences......................................................... HR 441
STREET GANGS Bulletproof vest; unlawful during commission of certain offenses ...................... HB 173 Graffiti; compensation to property owners; local governments establish programs .............................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property............................................................SB 313 Inmate labor; removing graffiti from certain private property; victim compensation......................................................................................... HB 144 Prohibited activity; punishment provisions........................................................... HB 381
STROKE AWARENESS MONTH IN GEORGIA Designate month of May....................................................................................... HR 662
STROTHER, NATASHA; commend ..................................................................... HR 499
STRUCTURAL PEST CONTROL Agriculture Commissioner; retention and use of moneys..................................... HB 569 Structural pest control companies; insurance requirements.................................. HB 307
SUGAR HILL, CITY OF; new charter....................................................................SB 366
SUMRELL, JOSH; commend ................................................................................... HR 62
SUNDAY SALES Alcoholic beverage sales; consumption on premises; local authorization............ HB 493
SUNSET LAW Superior court clerks; fees and records; extend sunset dates................................ HB 810 Superior court clerks; fees and records; repeal sunset provisions ........................ HB 811
SUPERIOR COURT CLERKS RETIREMENT FUND Death of spouse; full benefit restored ................................................................... HB 234 8 years' service; benefits ..................................................................................... HB 1036

Refer to numerical index for page numbers

4216

INDEX

SUPERIOR COURTS Cherokee Judicial Circuit; add judge .................................................................... HB 269 Civil filings and criminal fines; additional charges; repeal certain charges ......... HB 869 Clerks; fees and records; extend sunset dates ....................................................... HB 810 Clerks; fees and records; repeal sunset provisions ............................................... HB 811 Elections; superior court clerks; nonpartisan ........................................................ HB 729 Fees; interpreters; temporary protective order hearings ....................................... HB 255 Grand juries; certain judges draw from electronic jury box ................................. HB 580 Gwinnett Judicial Circuit; add judge .................................................................... HB 282 Indigent Defense Act; enact; circuit public defenders .......................................... HB 828 Indigent Defense Act; enact; circuit public defenders; mental health advocacy ................................................................................................ HB 770 Indigent Defense Act; enact; multicounty capital defender; circuit public defender .......................................................................................SB 102 Juvenile court jurisdiction; temporary child support order................................... HB 273 Technology and indigent defense fees and certain fines; authorize ..................... HB 240
SUPREME COURT Answer questions of law from other courts .......................................................... HB 164 Certiorari and appeals; bill of costs; amend provisions ........................................ HB 864 Courts; certain clerks; continuing education......................................................... HB 995 Joint session; message from Chief Justice .............................................................. HR 32 Joint session; message from Governor; invite justices and appellate judges ..........SR 20 Jurisdiction; certain questions of law CA ............................................................ HR 68 State bar applicants; submission of fingerprints to GBI and FBI for criminal records check .................................................................................. HB 90
SUTTER, ROBERT J.; commend .......................................................................... HR 653
SUTTLES, DR. WILLIAM M.; condolences ........................................................ HR 676
SWINDELL, GREG Commend .............................................................................................................. HR 159 Commend .............................................................................................................. HR 721
SYSTEMS & METHODS, INCORPORATED; commend.................................. HR 580
SYSTEMS CONNECT, INC.; commend ............................................................... HR 343

Refer to numerical index for page numbers

INDEX

4217

T
TAKE A LOVED ONE TO THE DOCTOR DAY Recognize September 16, 2003.............................................................................HR 923
TALBOT COUNTY Commissioner districts; reapportion .....................................................................HB 588 Convey property.....................................................................................................SR 121 Education districts; reapportion ............................................................................HB 589
TALLEY, DEACON ALFRED LEE; commend...................................................HR 137
TATTNALL COUNTY Commissioner districts; reapportion .....................................................................HB 842 Education districts; reapportion ............................................................................HB 830
TATTOO STUDIOS Health; micropigmentation practitioners; licensure..............................................HB 797
TAX EXECUTIONS AND JUDICIAL SALES Judicial sales later rescinded; limitation of damages ............................................HB 301 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182 Property; exemption from levy and sale; judgment debtor resident; judgment creditor resident in another state........................................................SB 347 Property sold for taxes; foreclosure; right of redemption .....................................HB 769 Property sold for taxes; redemption amount ...........................................................HB 89 Property sold for taxes; redemption amount .........................................................HB 477 Purchasing property at tax sales; registration of business ....................................HB 737 Revenue commissioner; powers and duties; tax executions; tax liabilities ..........HB 556 Sales tax; exempt certain biotechnology research, product development, or manufacturing...............................................................................................HB 567 Tax executions; issuance; amend provisions ..........................................................HB 74 Tax executions; prohibit sale ..................................................................................HB 88 Tax executions; prohibit sale ................................................................................HB 306 Tax levies and executions; amend provisions regarding sales................................HB 73 Tax sales; redemption of property; amount payable.............................................HB 538 Tax sales; redemption of property; personal service of certain notice .................HB 654
TAXATION AND REVENUE Ad valorem tax; amend certain definitions .............................................................HB 78 Ad valorem tax assessment; periods of limitation ................................................HB 736
Refer to numerical index for page numbers

4218

INDEX

Ad valorem tax assessment; taxpayer appeals; certain refunds .............................SB 161 Ad valorem tax; authorize special methods; certain aircraft CA.......................HR 323 Ad valorem tax; bona fide conservation use property; riverside or
streamside land; local excise taxes; ceiling; exclusion.....................................HB 290 Ad valorem tax; conservation use covenant; renewal period ................................SB 277 Ad valorem taxes, fees, service charges, assessments; installment
payments; statewide applicability.....................................................................HB 679 Ad valorem tax; exempt certain property used in generating electricity ..............HB 565 Ad valorem tax; exempt full homestead value; senior citizens ................................ HB 8 Ad valorem tax exemption; farm equipment in inventory for resale....................HB 527 Ad valorem tax exemption; inventory of business taxpayer.................................HB 156 Ad valorem tax exemption; recreational boats; $75,000 of assessed value..........HB 696 Ad valorem tax; homestead exemption; equal to state levy .................................HB 161 Ad valorem tax; inventory of small business; exemption.....................................HB 162 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 4 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 5 Ad valorem tax; limit increase of millage rate and property value CA ................. HR 6 Ad valorem tax; millage rate increase; require voter approval CA ...................HR 171 Ad valorem tax; millage rate or valuation increases; limitations CA.................... HR 7 Ad valorem tax; millage rate or valuation increases; limitations CA.................... HR 8 Ad valorem tax; motor vehicles; exempt veterans organizations .........................HB 626 Ad valorem tax; motor vehicles; return in county where functionally located ....HB 834 Ad valorem tax; preferential assessment; certain storm-water wetlands..............HB 528 Ad valorem tax; preferential assessment; environmentally contaminated
(brownfield) property........................................................................................HB 531 Ad valorem tax; property equipped with certain systems for
generating electricity; exempt CA.................................................................HR 259 Ad valorem tax; recreational boats; exempt certain amount ................................HB 123 Ad valorem tax; special class; antique aircraft CA............................................HR 527 Alcoholic beverages; state excise taxes; increase .................................................HB 378 Alimony and child support; financial status of parties; verification.......................HB 21 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Bona fide conservation use property; additional ownership qualifications ..........HB 641 Business and occupation tax; adult bookstores and entertainment
outlets and explicit media outlets .....................................................................HB 964 Cigar and cigarette taxes; amend definitions ..........................................................HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 107 Cigar and cigarette taxes; counterfeit cigarettes; penalties...................................HB 844 Cigar and cigarette taxes; increase; loose or smokeless tobacco;
impose excise tax..............................................................................................HB 379 Cigars and cigarettes; certain local excise taxes; authorize ....................................HB 85 Coin operated amusement machines; amend definitions........................................HB 75

Refer to numerical index for page numbers

INDEX

4219

Coin operated amusement machines; regulation ..................................................HB 891 Coin operated amusement machines; revise provisions .......................................HB 573 Community improvement district; imposition of sales tax; approval CA .........HR 814 Computer software; redefine; exclusions..............................................................HB 533 Constructed storm-water wetlands; preferential assessment; ad valorem tax ......HB 413 Dealers' sales tax returns; estimated tax liability payments;
increase threshold .............................................................................................HB 855 Definitions; amend provisions ................................................................................HB 64 Driver education for minors; income tax credit ....................................................HB 813 Economic Development and Fiscal Accountability Act; enact ............................HB 860 Education expenditures; advanced placement test fees; class sizes;
sales tax for educational purposes .....................................................................SB 249 Employees' Retirement; tax officials' employees; membership ...........................HB 382 Estate tax; amend definitions ..................................................................................HB 66 Estimated income tax; failure to pay; underpayment calculation...........................HB 59 Excise tax; motor vehicle rentals; amend definitions .............................................HB 70 Fire protection; certain subscriptions; urge Congress to provide
federal income tax deduction............................................................................HR 143 Greenspace Trust Fund; taxpayer voluntary income tax contributions .................SB 247 Homestead exemption; state-wide base year assessed value CA ........................HR 22 Homestead exemption; state-wide base year assessed value CA ........................HR 80 Homestead option sales tax; referendum; disbursement of proceeds ...................HB 522 Homestead tax deferral; senior citizens; increase amount ....................................HB 138 Hotel-motel tax; amend definitions.........................................................................HB 69 Hotel-motel tax; define certain authorities............................................................HB 545 Hotel-motel tax; define certain convention and bureau authorities ....................HB 1029 House Study Committee on Coin Operated Amusement Machines; create .........HR 670 House Study Committee on Franchise Fees and the Use of Public
Rights of Way; create .......................................................................................HR 530 House Study Committee on Sales and Use Tax Simplification; create ................HR 261 Income tax; amend certain definitions ....................................................................HB 72 Income tax; biotechnology businesses; job tax credit...........................................HB 563 Income tax; certain monthly returns; increase threshold ......................................HB 294 Income tax; claim for refund; filing date ..............................................................HB 469 Income tax; corporations; allocation and apportionment formulas ......................HB 559 Income tax credit; certain businesses; border counties.........................................HB 325 Income tax credit; certain businesses creating full-time jobs ...............................HB 422 Income tax credit; certain businesses; less developed areas .................................HB 298 Income tax credit; certain counties; telecommunications .....................................HB 984 Income tax credit; certain headquarters; creation of full-time jobs ......................HB 492 Income tax credit; certain pharmaceutical companies ..........................................HB 993 Income tax credit; certain teachers or paraprofessionals ......................................HB 453 Income tax; credit for premium energy efficient appliances ................................HB 564

Refer to numerical index for page numbers

4220

INDEX

Income tax; credit for relocating headquarters; amend.........................................HB 566 Income tax credit; home improvements and community
improvement districts .......................................................................................HB 543 Income tax credit; low or zero emission vehicles; electric chargers ....................HB 535 Income tax credit; qualified broadband equipment...............................................HB 961 Income tax credit; qualified child care expenses ..................................................HB 209 Income tax credit; qualified education expenses; home study programs .............HB 337 Income tax credit; qualified health insurance expenses........................................HB 252 Income tax credit; qualified health insurance expenses........................................HB 518 Income tax credit; qualified reforestation expenses..............................................HB 540 Income tax credit; teachers; qualified education expenses ...................................HB 431 Income tax deduction; subscriptions paid for fire protection ...............................HB 351 Income tax; eliminate................................................................................................ HB 7 Income tax; estimated tax liability payments; increase threshold ........................HB 852 Income tax; estimated tax; underpayment amount ...............................................HB 468 Income tax; exempt active duty military income..................................................HB 118 Income tax; exempt capital gain income...............................................................HB 562 Income tax; exempt military income ........................................................................ HB 9 Income tax; exempt persons 65 or older ................................................................... HB 5 Income tax; gradual reduction; abolishment............................................................. HB 2 Income tax; jobs tax credits; less developed areas; business closings
in areas comprising military bases.......................................................................SB 11 Income tax; monthly returns; increase threshold ..................................................HB 465 Income tax refunds; increase time for claiming......................................................HB 48 Income tax refunds; setoff debt; probation fees and restitution orders.................HB 677 Income tax returns; electronic filing; extend date.................................................HB 536 Income tax; taxable net income; exclude capital gains............................................. HB 4 Insurance premium tax credits; certified capital companies;
repeal provisions...............................................................................................HB 549 Intangibles; real estate transfer tax; amend provisions ...........................................HB 77 Intangible tax; payment; recording of instruments ...............................................HB 513 Joint county and municipal sales tax; 2% levy by consolidated governments .......HB 92 Joint county and municipal sales tax; 2% levy by consolidated governments .....HB 249 Joint county and municipal sales tax; 2% levy by consolidated governments .....HB 287 Joint county and municipal sales tax; rate for consolidated governments............HB 207 Law enforcement officer; retention of weapon and badge on leaving service .....HB 158 Local option sales tax; additional county 1% levy; authorization ........................HB 297 Local sales taxes; limitation; certain exclusions ...................................................HB 709 Motor fuel tax; amend definitions...........................................................................HB 71 Motor fuel tax; prepaid tax....................................................................................HB 504 Municipal Option Sales Tax Act; enact ................................................................HB 514 New municipality; creation; minimum distance; sales tax distribution................HB 315 Nuisance abatement liens and tax liens; collection procedures; foreclosures .......SB 182

Refer to numerical index for page numbers

INDEX

4221

Occupation taxes; redefine gross receipts; exclude certain sales............................HB 93 OCGA; conform references to House and Senate committee names ...................HB 846 President Bush's 2003 Economic Growth and Tax Relief Plan; urge
congressional delegation work to pass ..............................................................SR 226 Property; exemption from levy or sale; reciprocal exemption; judgment
debtor resident; judgment creditor resident in another state .............................SB 347 Property sold for taxes; foreclosure; right of redemption .....................................HB 769 Property sold for taxes; redemption amount ...........................................................HB 89 Property sold for taxes; redemption amount .........................................................HB 477 Public Revenue Code; conform to federal law .....................................................HB 181 Public Revenue Code; conform to federal law .....................................................HB 534 Purchasing property at tax sales; registration of business ....................................HB 737 Real estate transfer tax; superior court clerk collect; exemptions
for certain transfers ..............................................................................................SB 97 Refunds of certain taxes and fees; rate of interest ................................................HB 137 Residential real property; freeze value; ad valorem tax; assess
at acquisition date value CA .............................................................................. HR 2 Residential real property; freeze value; ad valorem tax; market
value at acquisition CA...................................................................................SR 311 Revenue bonds; hedge contracts; powers of governmental bodies ......................HB 544 Revenue commissioner; powers and duties; tax executions; tax liabilities ..........HB 556 Revenue, Department of; amend certain provisions ...............................................HB 68 Revenue laws; erroneous tax lien; correction provisions .......................................HB 58 Sales tax; amend certain definitions........................................................................HB 76 Sales tax; certain carpet samples; fair market value .............................................HB 189 Sales tax; educational purposes; local boards; performance audit........................HB 346 Sales tax; exempt certain biotechnology research, product development,
or manufacturing...............................................................................................HB 567 Sales tax; exempt certain sales; chartered boats ...................................................HB 349 Sales tax exemption; archeological exploration and preservation........................HB 223 Sales tax exemption; archeological exploration and preservation........................HB 308 Sales tax exemption; athletic event tickets; University System............................HB 251 Sales tax exemption; certain gas for production of electricity..............................HB 202 Sales tax exemption; certain sales to volunteer fire departments .........................HB 358 Sales tax exemption; certain school clothes, supplies, computer items;
limited time.......................................................................................................HB 204 Sales tax exemption; food and beverages; repeal; homeowner's
incentive adjustment trust fund.........................................................................HB 258 Sales tax exemption; fuel for certain swine raising purposes ...............................HB 425 Sales tax exemption; liquefied gas; horticultural purposes.....................................HB 96 Sales tax exemption; liquid petroleum gas; horticultural purposes ......................HB 148 Sales tax exemption; sales of certain energy efficient appliances ........................HB 361

Refer to numerical index for page numbers

4222

INDEX

Sales tax exemption; school clothes, supplies, computers; annually in August...........................................................................................................HB 228
Sales tax exemption; school supplies, clothing, computers; limited time ............HB 250 Sales tax exemption; school supplies, clothing, computers; limited time ............HB 542 Sales tax; exempt sales of certain pollution control chemicals.............................HB 141 Sales tax on certain food and beverages; allocate to homeowner's
incentive adjustment CA ...............................................................................HR 108 Sales tax; phased-in exemption; food and beverages in vending machines .........HB 481 Sales tax; temporary rate change ..........................................................................HB 520 Sales tax; temporary rate change ..........................................................................HB 541 Special county 1% sales tax; amend provisions....................................................HB 572 Special county 1% sales tax; proceeds; authorize additional uses........................HB 135 Special purpose local option sales tax; levy and debt
provisions; referendum .....................................................................................HB 883 State and Local Tax Revision Act of 2003; enact...................................................HB 43 State estate taxes; amend provisions.....................................................................HB 387 State excise tax on tobacco products; fund state Medicaid program CA ..........HR 229 State Sovereignty and Federal Tax Funds Act; enact ............................................... HB 3 Taxable net income; exclude amount paid for health insurance...........................HB 454 Taxable net income; exclude certain military pay ................................................HB 100 Taxable net income; exclude certain military pay ................................................HB 310 Taxable net income; exclude certain military pay ................................................HB 383 Taxable net income; retirement income exclusion; increase ................................HB 116 Tax amnesty and property tax amnesty programs; provisions..............................HB 354 Tax executions; issuance; amend provisions ..........................................................HB 74 Tax executions; prohibit sale ................................................................................HB 306 Tax executions; prohibit sales.................................................................................HB 88 Tax levies and executions; amend provisions regarding sales................................HB 73 Tax receivers; taxpayer statistical information; confidentiality............................HB 529 Tax sales; redemption of property; amount payable.............................................HB 538 Tax sales; redemption of property; personal service of certain notice .................HB 654 Tobacco product manufacturers; certain certifications;
prohibited sales .................................................................................................HB 774 Tobacco product manufacturers; certification; prohibit sale of
certain cigarettes ...............................................................................................HB 893 Treasury and Fiscal Services, Office of; revenue enhancement fund.................HB 1030
TAXICABS (See Limousine Carriers and Taxicabs)
TAYLOR COUNTY HIGH SCHOOL LADY VIKINGS BASKETBALL TEAM; invite team and coach to House ..................................HR 543

Refer to numerical index for page numbers

INDEX

4223

TAYLOR, CHARLIE Honor memory; invite certain aviation employees to House................................HR 560
TAYLOR, J. B.; commend ......................................................................................HR 585
TAYLOR, LESLEY; commend ..............................................................................HR 473
TAYLOR, MR. AND MRS. IVAN EUGENE; commend.....................................HR 707
TEACHERS (Also, see Education) Bill of rights for Georgia teachers; enact ..............................................................HB 275 Board of Regents; urge expansion of teacher education program ........................HR 601 Certain teachers; salary step increases; urge State Board of Education adopt .....HR 145 Certificated professional personnel; compensation ..............................................HB 271 Certificated professional personnel; regulation ....................................................HB 877 County appointed school superintendents; early termination; provisions ............HB 435 Employees' Retirement and Teachers Retirement; unused sick leave; credit.......HB 817 Employment rights; compensation for increase in student test scores .................SB 193 Income tax credit; certain teachers or paraprofessionals ......................................HB 453 Income tax credit; qualified education expenses; home study programs .............HB 337 Income tax credit; teachers; qualified education expenses ...................................HB 431 Public schools; annually observe Celebrate Freedom Week; week of 9/11 .........HB 253 Rights for continued employment; restore..............................................................HB 81 Salary supplements; certain donations CA ............................................................ HR 3 Students; certain acts of physical violence; disciplinary tribunal.........................HB 583 Teachers and employees; nonrenewal of contract; local boards adopt policy......HB 362 Teachers and other personnel; certain forfeited leave; restoration .........................HB 25 Teachers or other professional employees; contracts; complete terms and conditions ..........................................................................................SB 223 Teachers Retirement; certain non-public school service; credit ...........................HB 873 Teachers Retirement; certain prior service in public schools; credit....................HB 345 Teachers Retirement; contribution rate; certain reduction....................................HB 267 Teachers Retirement; creditable service; 29 years................................................HB 230 Teachers Retirement; early retirement; eliminate penalty ....................................HB 235 Teachers Retirement; employee's contribution rate..............................................HB 232 Teachers Retirement; 5 years' service; vested benefit ..........................................HB 615 Teachers Retirement; increase retirement allowance multiplier...........................HB 233 Teachers Retirement; postretirement benefit increase ..........................................HB 624 Teachers Retirement; prior service; definition......................................................HB 606 Teachers Retirement; reduced retirement allowance plus lump sum payment.....HB 917 Teachers Retirement; reemployment of retired teachers ......................................HB 216 Teachers Retirement; reemployment of retired teachers ......................................HB 231 Teachers Retirement; reemployment of retired teachers ......................................HB 366

Refer to numerical index for page numbers

4224

INDEX

Teachers Retirement; reemployment of retired teachers ......................................HB 376 Teachers Retirement; vested after 5 years' service ...............................................HB 608 Teachers Retirement; vested benefit; 5 years' membership..................................HB 546 Teachers transferring from other states; certain exemption;
paraprofessionals and aides ..............................................................................HB 590 Whistleblowers' Protection Act for Public School Employees; enact ...................SB 254
TELEPHONE AND TELEGRAPH SERVICE Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ...................................................................................HB 908 BP Amoco, Exxon, and Chevron; commend for certain warning signs ...............HR 569 Communication service and devices; unlawful access; penalties.........................HB 867 Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ..................................HB 456 Electric, natural gas, and local phone companies; payment centers .....................HB 311 Family Violence Shelter Confidentiality Act of 2003; penalties for disclosing information .................................................................................SB 147 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 Income tax credit; certain counties; telecommunications .....................................HB 984 Income tax credit; qualified broadband equipment...............................................HB 961 Motor vehicles; radios and mobile phones; prohibit certain use ..........................HB 125 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547 Public Service Commission; authority to regulate rates; pilot project ...................HB 50 State government phones; prohibit certain voice mail use ...................................HB 627 Telemarketing; no-call list; mobile or wireless telephones ...................................SB 272 Telephone service; collect long distance calls; required announcement ..............HB 604 Uniform rules of the road; mobile telephones; certain prohibition.........................HB 83
TELEVISION Communication service and devices; unlawful access; penalties.........................HB 867 House Study Committee on Franchise Fees and the Use of Public Rights of Way; create .......................................................................................HR 530 Income tax credit; certain counties; telecommunications .....................................HB 984 Income tax credit; qualified broadband equipment...............................................HB 961 Pari-mutuel wagering; General Assembly provide by law CA .........................HR 547 Trials; young victims of certain crimes; closed circuit television for questioning .................................................................................HB 400
TELFAIR COUNTY Board of commissioners; reconstitute....................................................................SB 278 Governing authority; amend provisions................................................................HB 957

Refer to numerical index for page numbers

INDEX

4225

TELFAIR COUNTY'S ARTS ON THE HILL FESTIVAL; commend .............HR 174
TEMPLE, CITY OF; mayor and councilmembers; election and terms...................SB 327
TENNESSEE, STATE OF Hamilton County; grant easement..........................................................................SR 120 Joint development authorities; county of this state and contiguous county of Tennessee; sports facility or amphitheater .......................................HB 309
TEPER, HONORABLE DOUG; communications ....................................Pages 324, 325
TERRELL COUNTY Chief magistrate; nonpartisan elections ................................................................HB 500 Probate judge; nonpartisan elections.....................................................................HB 501
TERRELL, ROBERT, JR.; commend ...................................................................HR 470
TERRORISM Bulletproof vest; unlawful during commission of certain offenses ......................HB 173 County and municipal hospital authorities; certain financial aid; critical personnel shortages ..............................................................................HB 372 Homeland security; urge president and Congress provide funding ......................HR 855 Missile defense system; declare support................................................................SR 232 Open meetings and records; amend provisions.....................................................HB 827 Open meetings and records; exception to disclosure; security issues...................HB 384 Open records and open meetings; exceptions to provisions ..................................SB 113 Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers...........................................SB 187 Torts; federal smallpox vaccination program; hospital employees and health care providers and workers; immunity.............................................SB 336 Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding................................................SB 333 War on Terrorism Local Assistance Act; enact ....................................................HB 595 War on Terrorism Local Assistance Act; enact; revenue bonds; gas facilities........SB 87
THE FOSTER GRANDPARENT/SENIOR COMPANION PROGRAM; commend........................................................................................HR 370
THEFT (See Crimes And Offenses)
THELMA "T-LADY" ROSS BRIDGE; designate ..................................................SR 67
THOMAS COUNTY; probate court judge; nonpartisan election ............................SB 363

Refer to numerical index for page numbers

4226

INDEX

THOMAS, HONORABLE NADINE; communications............................Pages 324, 325
THOMAS, PROFESSOR BILL; commend...........................................................HR 713
THOMPSON, CHUCK; commend .........................................................................HR 523
THOMPSON, CINDY; commend...........................................................................HR 375
THOMPSON, HARVEY E.; condolences..............................................................HR 887
THOMPSON, HUGH "MAC", SR.; commend ....................................................HR 606
THOMPSON, JANICE; commend .........................................................................HR 501
THOMPSON, STEPHEN MACK; commend .........................................................HR 76
THOMSON HIGH SCHOOL FOOTBALL TEAM; invite to House .................HR 378
THURMOND, CHARLES JAMES; condolences .................................................HR 843
TIFTAREA ACADEMY PANTHERS FOOTBALL TEAM, COACHES, AND ATHLETIC DIRECTOR; commend..................................HR 217
TILLMAN, HONORABLE E. C.; commend ..........................................................HR 42
TOBACCO AND TOBACCO RELATED PRODUCTS Cigar and cigarette taxes; amend definitions ..........................................................HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize............................HB 107 Cigar and cigarette taxes; counterfeit cigarettes; penalties...................................HB 844 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax..............................................................................................HB 379 Cigarettes and tobacco products; prohibit possession by minors .........................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions...................HB 894 Cigars and cigarettes; certain local excise taxes; authorize ....................................HB 85 Contracts; cigarette dealers and manufacturers; prohibitions...............................HB 485 State and Local Tax Revision Act of 2003; enact...................................................HB 43 State excise tax on tobacco products; fund state Medicaid program CA ..........HR 229 Tobacco product manufacturers; certain certifications; prohibited sales .............HB 774 Tobacco product manufacturers; certification; prohibit sale of certain cigarettes ...............................................................................................HB 893 Tobacco tax proceeds; uses; Medical Trust Fund CA .......................................HR 780

Refer to numerical index for page numbers

INDEX

4227

TOCCOA LITTLE LEAGUE; commend..............................................................HR 655
TODD, DR. WILLIE GRIER; commend...............................................................HR 652
TOMMY R. CRABB SR. MEMORIAL HIGHWAY; designate.........................HR 559
TONEY, DELORES GAYLE; commend...............................................................HR 634
TOOMBS COUNTY Homestead exemption; base year assessed value .................................................HB 782 Homestead exemption; base year assessed value .................................................HB 786
TOPPER, ERWIN; commend .................................................................................HR 386
TORRANCE, E. PAUL; commend.........................................................................HR 308
TORTS Civil actions; substantive revisions.......................................................................HB 792 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Federal smallpox vaccination program; hospital employees and health care providers and workers; immunity.............................................SB 336 Fees and costs of litigation; recovery....................................................................HB 417 Guardian ad litem; liability for damages; immunity................................................SB 44 Structured settlement payment fights; court filings; cancellation rights ...............SB 174
TOWERS, ADMIRAL JOHN HENRY "JACK"; commend ..............................HR 102
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Bicycle lanes throughout state; urge Department of Transportation create..........HR 265 Commercial driveways; permits; certain school bus loading areas ......................HB 763 Counties and municipalities; certain building permits; notice to local boards of education and Department of Transportation ...................................HB 432 Developmental Highway System; road corridors; change description.................HB 486 Employees' Retirement; certain law enforcement personnel; benefit formula .....HB 476 Investigators; transportation funds; toll revenues ..................................................SB 221 Mass transportation service; increase limit of state funds ....................................HB 263 Public road funds; metropolitan planning organizations; formation ....................HB 851

Refer to numerical index for page numbers

4228

INDEX

Public roads; allocation of state and federal funds; remove MARTA provisions ...........................................................................................SB 127
Public roads and Georgia Regional Transportation Authority; repeal allocation of funds .................................................................................HB 212
Public roads; erection of sign without permit; $500 fine......................................HB 705 Roadside beautification; public rights of way; provisions....................................HB 180 State Board; call for election of member from Seventh
Congressional District ......................................................................................Page 21 State Board; call for election of members from Second, Third,
Fifth, Tenth, Twelfth, and Thirteenth Congrssional Districts ........................Page 132 State Board; caucus meeting; Thirteenth Congressional District .......................Page 159 State Board; election; Honorable Dana L. Lemon; Thirteenth
Congressional District ....................................................................................Page 329 State Board; election; Honorable David Doss; Seventh
Congressional District ......................................................................................Page 21 State Board; election; Honorable Emory McClinton; Fifth
Congressional District ....................................................................................Page 324 State Board; election; Honorable Jon Burns; Twelfth
Congressional District ....................................................................................Page 328 State Board; election; Honorable Mike Evans; Tenth
Congressional District ....................................................................................Page 326 State Board; election; Honorable Ward Edwards; Third
Congressional District ....................................................................................Page 323 State Board; election; Honorable W. P. Billy Langdale; Second
Congressional District ....................................................................................Page 322 State Road and Tollway Authority; certain SR 400 tolls; restrict usage ..............HB 218 Subdivisions accessing state highway system; Department of
Transportation approval....................................................................................HB 321 Tollways; causeway to barrier islands; exemption for certain residents ..............HB 503 Transit buses; use of emergency lanes ................................................................SB 256 Unsolicited proposals; use of state funds in mass transportation projects.............SB 257 Vehicles and loads; excess weight; penalties........................................................HB 636
TRANSYLVANIA CLUB OF SANDERSVILLE, GEORGIA; commend...........HR 35
TRC STAFFING/THE PAUL HENRY GROUP; commend ...............................HR 336
TREASURY AND FISCAL SERVICES, OFFICE OF Revenue enhancement fund ................................................................................HB 1030
TRIALS Bonds and recognizances; remove court's discretion for certain persons.............HB 918
Refer to numerical index for page numbers

INDEX

4229

Employment; crime victims; unpaid leave to attend proceedings ........................HB 508 Trial juries; panels; selection; equal number of peremptory strikes .......................SB 27 Trial juries; peremptory challenges; alternate jurors ............................................HB 859 Trial juries; state and defense; equal peremptory strikes......................................HB 299 Young victims of certain crimes; closed circuit television for questioning .........HB 400
TRIBBLE, WILBUR OGDEN (BUDDY); commend ...........................................HR 901
TROUP COUNTY Board of commissioners; reconstitute....................................................................SB 322 Board of education; nonpartisan elections ............................................................HB 660 Convey property.....................................................................................................SR 121 Probate judge; nonpartisan elections......................................................................SB 323 Public facilities authority; create............................................................................SB 320
TROUP COUNTY SCHOOL SYSTEM NATIONAL BOARD CERTIFIED TEACHERS Commend ..............................................................................................................HR 237 Invite to House ......................................................................................................HR 230
TRUSTS (See Wills, Trusts, and Administration of Estates)
TUCKER, JASPER C.; commend ..........................................................................HR 431
TUCKER, TIFFANY; commend ............................................................................HR 422
TUDOR, JIM; commend .........................................................................................HR 772
TURNER, ANNETTE HOWELL; condolences....................................................HR 869
TURNER, R. K.; Peace Officer of the Year for Valor; invite to House..................HR 233
TURNER, WILL; commend ...................................................................................HR 657
21ST CENTURY LEADERS DAY AT THE CAPITOL Recognize January 31, 2003 ...................................................................................HR 99
TWILLEY, BARBARA; commend ........................................................................HR 500
2003 HOME EDUCATION WEEK IN GEORGIA Recognize February 2-8, 2003 ..............................................................................HR 100

Refer to numerical index for page numbers

4230

INDEX

2003 WATERMELON DAYS FESTIVAL Proclaim Watermelon Days in Cordele ................................................................HR 660
TYRONE, TOWN OF; mayor and council; terms..................................................HB 890
TYSON, EDWIN LOUIS; condolences ..................................................................HR 910
U
U. S. PRESIDENT AND NATION'S ARMED FORCES Express support of House .......................................................................................HR 87
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Commercial motor vehicles and school buses; prohibitions..................................SB 173 Disabled persons; identification cards and parking; include persons age 85 or above.................................................................................................HB 793 Driving under the influence; alcohol or drugs; new offense of refusal to submit to chemical testing ...............................................................................SB 13 Driving under the influence; refusal to submit to chemical testing; create offense ....................................................................................................HB 651 Electric personal assistive mobility devices; mopeds; definitions and regulations.....................................................................................................SB 37 Fleeing or eluding police while driving under the influence; felony....................HB 283 Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices ..........................HB 719 Leaving child unattended in car; fine..................................................................HB 1035 Maximum speed limit; school zones; 25 miles per hour ......................................HB 219 Mobile telephones; certain prohibition ...................................................................HB 83 Motor vehicles; maximum speed limits for trucks; exception..............................HB 353 Motor vehicles; radio and other sound-making devices; limits on sound volume...............................................................................................HB 302 Motor vehicles; radios and mobile phones; prohibit certain use ..........................HB 125 Motor vehicles; reduce speed when passing certain stationary vehicles ..............HB 457 Motor vehicles; registration and insurance provisions; amend.............................HB 191 Motor vehicles; registration; proof of insurance...................................................HB 610 Parking permits; certain transporters of persons with disabilities ........................HB 613 Securing vehicle loads; live animal provisions.....................................................HB 460
Refer to numerical index for page numbers

INDEX

4231

Tests of certain substances; lab certificates; admission as evidence ....................HB 238 Traffic-control signal monitoring devices; civil monetary penalties....................HB 182 Transit buses; use of emergency lanes...................................................................SB 256 Uniform rules and drivers' licenses; probation restrictions...................................HB 863
UNITED STATES ARMED FORCES; express support.......................................HR 409
UNIVERSITY OF GEORGIA FOOTBALL TEAM Invite Head Coach Mark Richt and others to House ............................................HR 112
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY; board of elections and registration; create...............................HB 841
US KOREA DAILY NEWS; 2000th day copy; recognize February 25, 2003.......HR 280
USA AS JUDEO-CHRISTIAN NATION; urge Congress reaffirm ........................HR 27
USED MOTOR VEHICLE DEALERS AND PARTS DEALERS Commercial Code and motor vehicles; certain transactions between dealer and owner...............................................................................................HB 221 State licensing boards; reduce number of members..............................................HB 597 Used car dealers; surety bond ...............................................................................HB 585 Used motor vehicles dealers' and parts dealers' registration; redefine rebuilder...............................................................................................SB 357
USO OF GEORGIA DAY; recognize March 27, 2003 ..........................................HR 410

V

VARNADOE, ANGELA; commend .......................................................................HR 328 VARNELL, CITY OF; corporate boundaries .........................................................HB 759 VAUGHNS, LEWIS DEBRECZEN; commend ....................................................HR 879 VEASLEY, DIANE; commend ...............................................................................HR 469 VEHICLE PROTECTION PRODUCT ACT; enact............................................HB 688

Refer to numerical index for page numbers

4232

INDEX

VENEREAL DISEASES Marriage licenses; testing for syphilis; repeal requirements..................................SB 190
VENUE (See Jurisdiction and Venue)
VERDICT AND JUDGMENT Appeals; judgments and rulings; amend provisions .............................................HB 322 Banking and finance, civil practice, state government, torts; civil actions; substantive revisions ...................................................................HB 792 Bonds and recognizances; appearance bonds; judgments ..................................HB 1006 Civil actions; certain settlement differential; reasonable costs.............................HB 887
VETERANS AFFAIRS Ad valorem tax; motor vehicles; exempt veterans organizations .........................HB 626 Assisted living facilities; Levels I and II; provisions..........................................HB 1033 Drivers' licenses; residency requirements; veteran's license.................................HB 356 Fair Lending Act; points and fees; exclude funding fees for USDVA loans .......HB 146 Georgia War Veterans Nursing Home Trust Fund; create; special license plates.........................................................................................HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates CA ...........................................................................................HR 614 Guardian and ward; comprehensive revision of provisions..................................HB 229 Historic preservation grants program; combat veterans' gravesites.......................SB 291 License plates; disabled veteran; vehicle owned by certain trust .........................HB 611 Purple Heart Highway; designate portion of State Route 232..............................HR 398 Special license plates; Purple Heart, Bronze Star, Silver Star, and Distinguished Service Cross recipients.......................................................SB 120 Special license plates; retired reservists or National Guard members..................HB 274 Veterans' health care; insure mandatory funding; memorialize Congress............HR 815
VETERANS MEMORIAL HIGHWAY Designate; Banks County veterans; commend........................................................HR 90 Designate; Banks County veterans; commend.........................................................SR 67
VETERINARIANS Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ............................................................................HB 551 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations .....................................SB 183 State licensing board; reduce number of members ...............................................HB 597 Veterinary practice; extensively revise provisions ...............................................HB 347
VETOES; communication from Governor.................................................................Page 2

Refer to numerical index for page numbers

INDEX

4233

VICTIMS OF CRIME Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification..............................................................................................SB 119 Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create ..................................................................................SR 35 Driving under the influence; additional penalties; victim compensation awards .................................................................................................................HB 20 Employment; crime victims; unpaid leave to attend proceedings ........................HB 508 Graffiti; compensation to property owners; local governments establish programs .............................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property............................................................SB 313 House Study Committee on Funding for Local Victim Assistance Programs; create ...............................................................................................HR 669 Inmate labor; removing graffiti from certain private property; victim compensation.........................................................................................HB 144 Trials; young victims of certain crimes; closed circuit television for questioning ..................................................................................................HB 400
VIDALIA, CITY OF Homestead exemption; base year assessed value .................................................HB 783 Homestead exemption; base year assessed value .................................................HB 784
VIDALIA ONION ACT; amend provisions ...........................................................HB 798
VIGIL, ALLAN; commend .....................................................................................HR 424
VITAL RECORDS Adoptions and child-placing agencies; records access; birth records; practices and procedures......................................................................................SB 55 Adoptions and vital records; amend provisions ....................................................SB 192 Adoptions; name change of office; amend provisions..........................................HB 176 Baby's Right to Know Act; enact............................................................................HB 18
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Textbooks in electronic format .............................................................................HB 712
VOTING (Also, see Elections) Election superintendent; office to remain open until ballots are counted.............HB 114 Elections; absentee voting; provisions..................................................................HB 128 Elections; comprehensive revisions; direct recording electronic voting systems ...................................................................................................SB 258 Elections; direct recording electronic voting systems; amend provisions ............HB 427

Refer to numerical index for page numbers

4234

INDEX

Elections; on-site absentee voting; provisions ......................................................HB 752 Elections; political party candidates; nominate by plurality vote...........................HB 27 Voter registration; declare political party; primaries; vote declared
party ballot only..................................................................................................HB 28

W

WALDRIP, DON; condolences .................................................................................HR 38
WALKER, BRENDAN SCOTT; commend...........................................................HR 596
WALKER, PASCUAL; condolences ......................................................................HR 393
WALKER, PASTOR WOODROW, II; commend ...............................................HR 414
WALLACE, HOMER L.; commend ........................................................................HR 49
WALLER, HONORABLE THOMAS G.; condolences .......................................HR 844
WALTON COUNTY Board of elections and registration; create............................................................HB 312 Partnership for Families, Children, and Youth; create..........................................HB 317
WARD, LONNIE, JR.; commend...........................................................................HR 664
WARE COUNTY Satilla Regional Water and Sewer Authority; name change from Ware County Water and Sewer Authority .................................................................HB 288
WARRANTS Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants................................................................HB 140 Prosecution costs; include certain transportation cost ..........................................HB 954
WARREN COUNTY Board of education members; nonpartisan election...............................................SB 251 Board of education; nonpartisan elections ............................................................HB 835
WARWICK GRITS FESTIVAL; commend .........................................................HR 206
WASHINGTON COUNTY; vehicle registration period; change provisions.........HB 335
Refer to numerical index for page numbers

INDEX

4235

WASTE MANAGEMENT Environmental policy; regulatory decisions; publication requirements ................SB 172 Health; sewage management systems; soil reports; soil classifiers and other professionals ......................................................................................SB 129 Landfill sites; used for certain construction; required tests ..................................HB 495 Municipal landfill; distance requirement from residence .....................................HB 496 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 Solid waste facilities; permit modification provisions..........................................HB 882 Used tires; counties and municipalities enforce ordinances regulating storage...............................................................................................SB 348
WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Ad valorem tax; preferential assessment; certain storm-water wetlands..............HB 528 Certain state and local construction; urge certain design and material standards ......................................................................................HR 668 Coastal management; continuation of provisions .................................................HB 157 Coastal Marshlands Protection Act; exemption; private dock; residence ...............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions...................HB 51 Coastal marshlands; protection provisions; exempt certain property ...................HB 178 Constructed storm-water wetlands; preferential assessment; ad valorem tax ......HB 413 Department of Natural Resources; assign law enforcement personnel on certain public beaches .................................................................HR 604 Environmental policy; regulatory decisions; publication requirements ...............SB 172 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Local government; transfer of development rights; amend provisions ...................SB 86 Open records exemption; public water supply or sewage systems; judicial review in camera..................................................................................HB 807 Open records; exemption; public water supply systems or sewage systems ........HB 703 Private waste-water treatment facilities; permits for approval .............................HB 511 Public transit; buses, rapid rail cars, stations; allow bottled water .......................HB 778 Sales tax; exempt sales of certain pollution control chemicals.............................HB 141 Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board.................................................................................................HB 285 State licensing boards; reduce number of members..............................................HB 597 Water reservoirs; locally funded; state take-over; compensation ..........................SB 246 Water resources; farm uses; water-measuring device...........................................HB 579 Water resources; ground water, surface water, river basins, wells; state-wide water management plan...................................................................HB 237 Water well contractors; licensing; amend provisions ...........................................HB 304
WATERS, MICHAEL DAVID; commend ..............................................................HR 20

Refer to numerical index for page numbers

4236

INDEX

WATERS, PORTS, AND WATERCRAFT Ad valorem tax; bona fide conservation use property; riverside or streamside land .................................................................................................HB 290 Coastal Marshlands Protection Act; exemption; private dock; residence ...............SB 94 Coastal Marshlands Protection Act; private docks; amend provisions...................HB 51 Coastal marshlands; protection provisions; exempt certain property ...................HB 178 Cumberland Island; access to wilderness section; urge action to support ............HR 778 Department of Natural Resources; assign law enforcement personnel on certain public beaches .................................................................HR 604 Joint Study Committee on Coastal Marshlands Protection; create.......................HR 271 Lake Oconee; prohibit certain boats .....................................................................HB 444 Local government; transfer of development rights; amend provisions ...................SB 86 Open records exemption; public water supply or sewage systems; judicial review in camera..................................................................................HB 807 Public-Private Infrastructure Act of 2003; enact ...................................................SB 273 River and harbor development; disposal of sand and sediment............................HB 727 Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina .........................................................SR 240 Watercraft; vessel classification; required equipment; reportable accidents ...........................................................................................SB 134 Waters unsafe for recreation; Environmental Protection Division director order warning signs .............................................................................HB 881
WAYCROSS, CITY OF; commission districts; reapportion..................................HB 343
WAYNE COUNTY Probate judge and chief magistrate; nonpartisan elections ...................................HB 587 Probate judge and chief magistrate; time of nonpartisan elections........................SB 370
WAYNE COUNTY SPORTS HALL OF FAME 2003 INDUCTEES; commend .....................................................................................HR 838
WEAPONS Bulletproof vest; unlawful during commission of certain offenses ......................HB 173 Carrying weapon without license; prohibit; exception to prohibition ................HB 1010 Deadly weapons; carrying to public gathering; exception to prohibition...............HB 30 Emergencies; firearms; repeal certain power of governor ....................................HB 411 Firearms; certain unauthorized possession; affirmative defense ..........................HB 397 Gun-free zones; certain injuries; liability................................................................HB 31 Handguns; license fees; exempt law enforcement officers...................................HB 499 License to carry pistol; law enforcement officer; no fee ......................................HB 870 Loaded firearm in private vehicle; repeal certain provisions................................HB 113
Refer to numerical index for page numbers

INDEX

4237

Transporting loaded firearm in vehicle; delete certain language............................HB 40 Unauthorized possession; affirmative defense......................................................HB 193
WEATHERFORD, WHITNEY LEIGH; condolences .........................................HR 705
WEBSTER COUNTY; vehicle registration period.................................................HB 505
WEIGAND, A. FRANK, JR.; condolences ..............................................................HR 41
WEIGHTS AND MEASURES Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices ..........................HB 719 Uniform rules of the road; securing vehicle loads; live animal provisions ..........HB 460 Vehicles and loads; excess weight; penalties........................................................HB 636
WEINMANN, OFFICER JAMES M.; commend .................................................HR 202
WELFARE (See Social Services)
WELLS (See Water and Wastewater)
WESTMORELAND, HONORABLE LYNN; communications...................Pages 28, 60
WESTSIDE HIGH SCHOOL LADY PATRIOTS SOCCER TEAM; commend ...............................................................................HR 251
WHITE COUNTY Board of education; reconstitute districts...............................................................SB 343 Convey property.....................................................................................................SR 120
WHITE, KEASTON; commend..............................................................................HR 749
WHITE, SHIRLEY; commend ...............................................................................HR 595
WHITEHEAD, JIM; commend ..............................................................................HR 649
WHITFIELD COUNTY Homestead exemption; certain residents...............................................................HB 915 Northwest Georgia Trade and Convention Center Authority; create .................HB 1004 U. S. military personnel who served in Iraq; commend .......................................HR 926
WHORTON, STEFANIE; 4-H honoree; commend ...............................................HR 166

Refer to numerical index for page numbers

4238

INDEX

WIGGINS, MARGARET; commend .....................................................................HR 645
WILD ANIMALS Hunting alligators and certain other wildlife; amend regulations.........................HB 814 Special license plates; restoration of wild turkey populations..............................HB 440 Wild animal permit; exempt Bengal cat ...............................................................HB 227
WILDE, MATTHEW E.; commend .......................................................................HR 865
WILDHORSE CREEK SERVICE UNIT Junior Girl Scout Troop; commend ......................................................................HR 872
WILDLIFE Deer hunting; closed and open seasons, bag limits, and antler restrictions; amend provisions ..........................................................................SB 317 Game and fish; permits to kill certain deer; authorize ............................................HB 80 Hunting alligators and certain other wildlife; amend regulations.........................HB 814 Hunting; amend provisions; commercial deer hunting preserves.........................HB 247 Hunting and fishing; amend license provisions; hunting alligators and other wildlife; amend regulations ..............................................................HB 815 Hunting deer with dogs; permits; prohibition .......................................................HB 845 Special license plates; restoration of wild turkey populations..............................HB 440 State symbols; green tree frog; designate official state amphibian.......................HB 257 State symbols; green tree frog; designate official state amphibian.......................HB 365
WILKES COUNTY EMERGENCY MEDICAL SERVICE; commend..............HR 47
WILLIAM IRA (W. I.) STILL, JR. HIGHWAY; designate...................................SR 60
WILLIAM S. HUTCHINGS BRIDGE; designate ...................................................SR 66
WILLIAMS, JOHN; commend...............................................................................HR 380
WILLIAMS, TERESA; commend..........................................................................HR 502
WILLIAMS, VALERIE; commend........................................................................HR 792
WILLIAMSON, COY C., JR.; condolences ..........................................................HR 874
WILLIAMSON, DANNY AND LARRY AND WILLIAMSON BROTHERS BARBEQUE; commend ...............................................................HR 908
WILLIAMSON, JOY; commend............................................................................HR 505

Refer to numerical index for page numbers

INDEX

4239

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Bona fide conservation use property; additional ownership qualifications ..........HB 641 Estates; missing domiciliary; certain perilous exposure; death determination.......HB 32 Estate tax; amend provisions...................................................................................HB 66 Estate tax; amend provisions.................................................................................HB 387 Greenspace Trust Fund; interest; expenditure provisions.....................................HB 314 Guardian and ward; comprehensive revision of provisions..................................HB 229 License plates; disabled veteran; vehicle owned by certain trust .........................HB 611 Oral trust agreement for personal property; provisions ........................................HB 367 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund.........................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment CA ...............................................................................HR 108 Special license plates; community greenspace preservation trust fund CA ......HR 587 Special U. S. flag license plate fees; certain education trust fund CA...............HR 322 State employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan ..................................................HB 424 Subsequent Injury Trust Fund; dissolution ...........................................................HB 570 Subsequent Injury Trust Fund Joint Study Committee; create .............................HR 263 Tobacco tax proceeds; uses; Medical Trust Fund CA .......................................HR 780
WILSON, MATTHEW; 4-H honoree; commend...................................................HR 182
WINE (See Alcoholic Beverages and Alcoholism)
WINTER, JAESON CLARK; commend ...............................................................HR 628
WITNESSES Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Common Sense Civil Justice Reform Act; enact ...................................................SB 133 Criminal procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuances, bail, and oral reports ...................HB 414 Juvenile proceedings; discovery and disclosure provisions...................................SB 116
WOMEN FOR MORRIS BROWN COLLEGE; commend ................................HR 374
WOOD, DR. LINDA; commend .............................................................................HR 286
WOODHAM, J. STEVE; commend .......................................................................HR 787
WORKER'S COMPENSATION Certain medical treatment; authorization; denial ..................................................HB 404 Employee's medical treatment; disability; benefits................................................SB 233

Refer to numerical index for page numbers

4240

INDEX

Employment security; certain persons seeking part-time work............................HB 591 Employment security; exclude services by certain corporate officers....................HB 16 Peace Officers' Annuity and Benefit; include certain fraud investigators ............HB 715 Subsequent Injury Trust Fund; dissolution ...........................................................HB 570 Subsequent Injury Trust Fund Joint Study Committee; create .............................HR 263 Total and temporary partial disability; benefits ....................................................HB 429
WRENS, CITY OF; mayor pro tem; provide for; vacancies ...................................SB 270
WYATT, SARAH; commend ..................................................................................HR 110

Y

YOUMANS, RICHARD; commend .......................................................................HR 519
YOUNG, RONALD D., JR., CHIEF WARRANT OFFICER Express support .....................................................................................................HR 542
YOUTH ASSEMBLY AND JUNIOR YOUTH ASSEMBLY PROGRAMS OF THE STATE YMCA OF GEORGIA; commend...............HR 203
YOUTH LEADERSHIP BIBB COUNTY, INC.; commend ................................HR 285

Z

ZHOU, XUEFEI Imprisoned in China; urge United States Department of State seek release.........HR 624
ZONING Code enforcement boards and procedures; zoning adjacent to military bases ......SB 261 Soil erosion and sedimentation; ordinances related to land-disturbing activities; planning and zoning commission.....................................................HB 509 Time when action may not be taken .....................................................................HB 510

Refer to numerical index for page numbers

PART II
HOUSE BILLS
HB 2-- Income tax; gradual reduction; abolishment.......................................... 66, 107 HB 3-- State Sovereignty and Federal Tax Funds Act; enact............................ 67, 107 HB 4-- Income tax; taxable net income; exclude capital gains ......................... 67, 107 HB 5-- Income tax; exempt persons 65 or older................................................ 67, 107 HB 6-- Garnishment; exemption of certain pension funds;
additional exemption.............................................................................. 67, 107 HB 7-- Income tax; eliminate............................................................................. 68, 107 HB 8-- Ad valorem tax; exempt full homestead value; senior
citizens ................................................................................................... 68, 107 HB 9-- Income tax; exempt military income ..................................................... 68, 107 HB 10-- Fiscal Note Act; certain bills; require statement upon
introduction.................................................................................... 69, 107, 229 HB 11-- Motor vehicles; certain violations; life imprisonment or
death....................................................................................................... 69, 107 HB 12-- Drivers' licenses; redefine "resident"; amend alien
provisions............................................................................................... 69, 107 HB 13-- Minors; employment; written permission of parent or
guardian ................................................................................................. 70, 107 HB 14-- Election fraud; information leading to arrest; reward............................ 70, 107 HB 15-- Lobbying practices; state government; prohibit public
funds....................................................................................................... 70, 107 HB 16-- Employment security; exclude services by certain
corporate officers ................................................................................... 70, 107 HB 17-- State property; naming for elected public official;
amend provisions ................................................................................... 71, 107 HB 18-- Baby's Right to Know Act; enact........................................................... 71, 107 HB 20-- Driving under the influence; additional penalties; victim
compensation awards......................................................... 71, 107, 1270, 2428 HB 21-- Alimony and child support; financial status of parties;
verification ........................................................................................... 728, 838 HB 22-- Eminent domain; electric transmission line; Public
Service Commission issue certificate ...................................................... 57, 84 HB 23-- Abortion; Woman's Right to Know Act; enact.................................... 174, 198 HB 24-- Unclaimed property; certain dividends or capital
credits; disposition ................................................................................. 72, 107

4242

INDEX

HB 25-- Teachers and other personnel; certain forfeited leave; restoration ........................................................................... 117, 154, 575, 722, 3479
HB 26-- Archeological, aboriginal, prehistoric, or historic sites; prohibition against disturbing; exemption ................................ 248, 274, 1076, 2420, 3255
HB 27-- Elections; political party candidates; nominate by plurality vote .......................................................................................... 72, 107
HB 28-- Voter registration; declare political party; primaries; vote declared party ballot only .............................................................. 72, 107
HB 29-- Regional development centers; state funding; additional requirement .............................................................................................. 58, 84
HB 30-- Deadly weapons; carrying to public gathering; exception to prohibition ......................................................................... 72, 107
HB 31-- Gun-free zones; certain injuries; liability .............................................. 73, 107
HB 32-- Estates; missing domiciliary; certain perilous exposure; death determination............................................................. 73, 107, 909, 1052, 2928
HB 33-- Education; state mandated student assessments; exempt certain international students ............................................................... 117, 154
HB 37-- Defense of Scouting Act; enact ............................................................... 58, 84
HB 40-- Weapons; transporting loaded firearm in vehicle; delete certain language ....................................................................................... 58, 84
HB 41-- Deprived child; temporary legal custody; provisions.............................. 58, 84
HB 42-- Greene County; homestead exemption; certain residents....... 59, 84, 108, 108, 2818, 2921
HB 43-- State and Local Tax Revision Act of 2003; enact .............. 59, 84, 1455, 1995, 2916, 3015, 3273, 3276, 3289, 3605, 4004
HB 44-- Greene County; homestead exemption; certain residents....... 59, 84, 108, 108, 2818, 2918
HB 45-- Commission on Men's Health; presiding officer; term.......... 73, 107, 399, 597
HB 46-- Ellaville, City of; council; composition; elections ............... 74, 107, 127, 127, 2819
HB 47-- County judicial offices; nonpartisan elections; provide by local Act............................................................................................ 74, 107
HB 48-- Income tax refunds; increase time for claiming .................................... 74, 107
HB 49-- Elections; campaign activities; prohibit on certain grounds................................................................................................... 74, 107
HB 50-- Public Service Commission; authority to regulate rates; pilot project ............................................................................................ 75, 107

INDEX

4243

HB 51-- Coastal Marshlands Protection Act; private docks; amend provisions ................................................................................... 75, 107
HB 52-- Abortion; Woman's Right to Know Act; enact...................................... 75, 107 HB 53-- Anatomical gifts; advisory board on procurement; add
organ recipient ...................................................................... 75, 107, 413, 666, 3273
HB 54-- Eye bank operators; amend provisions ................................. 76, 107, 399, 599, 2517
HB 55-- District attorneys emeritus; compensation; increase ..................... 76, 107, 352 HB 56-- Medical education and physician workforce; provisions ..... 76, 107, 399, 625,
2916, 3101, 3482 HB 57-- General Assembly Training Institute; appointment of
members................................................................................................. 76, 107 HB 58-- Revenue laws; erroneous tax lien; correction provisions ............ 77, 107, 1455 HB 59-- Estimated income tax; failure to pay; underpayment
calculation.............................................................................................. 77, 107 HB 60-- Morrow, City of; new charter ............................................... 77, 107, 127, 129,
1040 HB 61-- State agencies; prohibit requiring social security
numbers.................................................................................................. 77, 107 HB 62-- Public officers; appointed or elected; financial
disclosure provisions.............................................................................. 78, 107 HB 63-- Abortion; Due Process and Equal Protection
Restoration Act of 2003; enact .............................................................. 78, 107 HB 64-- Revenue and taxation; definitions; amend provisions........................... 78, 107 HB 65-- Cigar and cigarette taxes; amend definitions......................................... 79, 107 HB 66-- Estate tax; amend definitions................................................................. 79, 107 HB 67-- Motor vehicle license fees and classes; amend
definitions .............................................................................................. 79, 107 HB 68-- Revenue, Department of; amend certain provisions.................... 79, 107, 2040 HB 69-- Hotel-motel tax; amend definitions ....................................................... 80, 107 HB 70-- Excise tax; motor vehicle rentals; amend definitions ............................ 80, 107 HB 71-- Motor fuel and road tax; amend definitions .......................................... 80, 107 HB 72-- Income tax; amend certain definitions................................................... 80, 107 HB 73-- Tax levies and executions; amend provisions regarding
sales........................................................................................................ 80, 107 HB 74-- Tax executions; issuance; amend provisions......................................... 81, 107 HB 75-- Coin operated amusement machines; amend definitions ...................... 81, 107 HB 76-- Sales tax; amend certain definitions ...................................................... 81, 107 HB 77-- Intangibles; real estate transfer tax; amend provisions.......................... 81, 107 HB 78-- Ad valorem tax; amend certain definitions............................................ 82, 107

4244

INDEX

HB 79-- Education; sales to county school board by member; exception to prohibition ............................................................... 82, 107, 1523
HB 80-- Game and fish; permits to kill certain deer; authorize........................... 82, 107
HB 81-- Teachers; rights for continued employment; restore ............. 98, 125, 671, 762
HB 82-- Fair lending; redefine points and fees; exclude certain fees ......................................................................................................... 98, 125
HB 83-- Uniform rules of the road; mobile telephones; certain prohibition.............................................................................................. 98, 125
HB 84-- Transporting motor vehicles and mobile homes; dealer license plates; restrict use ...................................................................... 98, 125
HB 85-- Cigars and cigarettes; certain local excise taxes; authorize................................................................................................. 99, 125
HB 86-- Motor vehicles; certain proof of insurance; amend provisions............................................................................................... 99, 125
HB 87-- Bingo; fee for conducting games; increase............................ 99, 125, 400, 600
HB 88-- Tax executions; prohibit sales ..........................................100, 125, 1271, 2354
HB 89-- Property sold for taxes; amend redemption amount ............................ 100, 125
HB 90-- State bar applicants; submission of fingerprints to GBI and FBI for criminal records check .......................................... 100, 125, 1034, 1429, 3481
HB 91-- 2003 Fairness in Arbitration Act; enact............................... 100, 125, 304, 393
HB 92-- Joint county and municipal sales tax; 2% levy by consolidated governments ........................................................... 101, 125, 125
HB 93-- Occupation taxes; redefine gross receipts; exclude certain sales......................................................................... 101, 125, 126, 842, 936, 3841
HB 94-- Fair business practices; certain motor vehicle sales; spot delivery .............................................................................102, 125, 1524, 1799
HB 95-- College athletic recruitment rules; certain violations; cause of action provisions......................................................... 102, 125, 1269, 1811, 2931, 3091
HB 96-- Sales tax exemption; liquefied gas; horticultural purposes ............................................................................................... 102, 125
HB 97-- Employees' Retirement; certain law enforcement personnel; amend provisions ............................................................... 103, 125
HB 98-- State and nonprofit contractors; legislative oversight panels ................................................................................................... 103, 125
HB 99-- High priority school teachers; student loan repayments...................... 103, 125
HB 100-- Taxable net income; exclude certain military pay............................... 104, 125
HB 101-- Employees' health insurance plan; include agricultural commodity commission employees..................................................... 104, 125

INDEX

4245

HB 102-- Fines and forfeitures; certain traffic fines; pay to state treasury................................................................................................. 104, 125
HB 103-- Retirement and Pensions Code; corrections ....................... 117, 154, 201, 214, 621
HB 104-- Code of Georgia; corrections............................................. 118, 154, 201, 216, 621
HB 105-- Elections Code; corrections ............................................... 118, 154, 201, 227, 621
HB 106-- Cigar and cigarette taxes; certain local excise taxes; authorize............................................................................................... 118, 154
HB 107-- Cigar and cigarette taxes; certain local excise taxes; authorize............................................................................................... 119, 154
HB 108-- Fraud; failure to pay for Christmas trees, pine needles, and horticultural crops ........................................................ 119, 154, 262, 348, 2517
HB 109-- Residential Contractors, State Licensing Board; create ...................... 119, 154
HB 110-- Beer; single container sales; prohibit where motor fuel is sold ................................................................................................... 119, 154
HB 111-- Gasoline dealers; registration; amend provisions ................................ 120, 154
HB 112-- Employment; discharge because of absenteeism; amend provisions............................................................................................. 120, 154
HB 113-- Loaded firearm in private vehicle; repeal certain provisions..................................................................................... 120, 154, 154
HB 114-- Election superintendent; office to remain open until ballots are counted ............................................................121, 154, 1454, 2291
HB 115-- Supplemental appropriations; FY 2002-2003...................................... 121, 154
HB 116-- Taxable net income; retirement income exclusion; increase ........................................................................................ 121, 154, 155
HB 117-- Unemployment benefits; eligibility; military transfer of spouse................................................................................. 122, 154, 909, 1053
HB 118-- Income tax; exempt active duty military income ........................ 122, 154, 155
HB 119-- Supplemental appropriations; FY 2002 - 2003; Department of Corrections .................................................................. 123, 154
HB 120-- General appropriations; FY 2003 - 2004 ............................................. 123, 154
HB 121-- Supplemental appropriations; FY 2002 - 2003................... 123, 154, 369, 423, 1088, 1104, 1239, 1239, 1250, 1283, 1478
HB 122-- General appropriations; FY 2003 - 2004 .................................. 124, 154, 1849, 2040, 2591, 2646, 2706, 2708, 2709, 3684, 4004

4246

INDEX

HB 123-- Ad valorem tax; recreational boats; exempt certain amount ................................................................................................. 149, 185
HB 124-- Drivers' licenses; young drivers; amend provisions ............................ 149, 185
HB 125-- Motor vehicles; radios and mobile phones; prohibit certain use ............................................................................................ 150, 185
HB 126-- Drivers' licenses; redefine resident; child support; forms of identification.................................................................................... 150, 185
HB 127-- State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards .............................................................................................. 150, 185
HB 128-- Elections; absentee voting; provisions................................................. 151, 185
HB 129-- Georgia Racial Justice Act; enact ........................................................ 151, 185
HB 130-- Georgia Health Care Act; enact ........................................................... 151, 185
HB 131-- Georgia Neighborhood Protection Act; enact...................................... 152, 185
HB 132-- Student codes of conduct; violation; certain disciplinary action.................................................................................................... 152, 185
HB 133-- Surplus state property; disposal methods; include electronic sale ...................................................................................... 152, 185
HB 134-- Bingo; increase prize amounts............................................ 152, 185, 400, 794, 2736
HB 135-- Special county 1 percent sales tax; proceeds; authorize additional uses...................................................................................... 174, 198
HB 136-- Incorporation of municipalities; minimum distance requirements......................................................................................... 174, 198
HB 137-- Refunds of certain taxes and fees; rate of interest ............................... 174, 198
HB 138-- Homestead tax deferral; senior citizens; increase amount ....................................................................................... 175, 198, 1526
HB 139-- Drivers' licenses; application; child support; additional forms of identification ......................................................................... 175, 198
HB 140-- Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants....................... 175, 198, 304, 350, 3293
HB 141-- Sales tax; exempt sales of certain pollution control chemicals ............................................................................................. 175, 198
HB 142-- Fair Lending Act; amend provisions ................................... 176, 198, 262, 281
HB 143-- County correctional institutions; housing of state prisoners; payment............................................................................... 176, 198
HB 144-- Inmate labor; removing graffiti from certain private property; victim compensation ................................................. 176, 198, 1583, 2737, 2827
HB 145-- Health maintenance organizations; mental disorders; point-of-service options ....................................................................... 177, 198

INDEX

4247

HB 146-- Fair Lending Act; points and fees; exclude funding fees for USDVA loans................................................................................. 177, 198
HB 147-- State employees' health insurance; agricultural commodity commission employees................................... 177, 198, 199, 910, 1548, 1576, 3285
HB 148-- Sales tax exemption; liquid petroleum gas; horticultural purposes ............................................................................ 178, 198, 199, 1526, 1926, 3842
HB 149-- Child support; amend provisions; income deduction order ..................................................................................................... 178, 198
HB 150-- Sandy Springs, City of; incorporate..................................................... 179, 198
HB 151-- Municipal charter commissions; create ............................................... 179, 198
HB 152-- Peace Officer Standards and Training Council; membership.......................................................................................... 179, 198
HB 153-- Drivers' licenses; include pedestrian safety procedures on exam................................................................................................ 180, 198
HB 154-- Wine shipments; consumers order electronically ................................ 180, 198
HB 155-- Campaign contributions; certain judgeships; disqualification..................................................................................... 180, 198
HB 156-- Ad valorem tax exemption; inventory of business taxpayer................................................................................................ 180, 198
HB 157-- Coastal management; continuation of provisions............... 181, 198, 575, 877, 2483
HB 158-- Law enforcement officer; retention of weapon and badge on leaving service.............................................................. 181, 198, 304
HB 159-- Audits and accounts; Department of; performance audits.................................................................................................... 181, 198
HB 160-- Campaign contributions; applicants for judgeships; prohibitions .......................................................................................... 181, 198
HB 161-- Ad valorem tax; homestead exemption; equal to state levy....................................................................................................... 182, 198
HB 162-- Ad valorem tax; inventory of small business; exemption.................... 182, 198
HB 163-- Campaign contributions; disposition and disclosure; requirements......................................................................................... 182, 198
HB 164-- Supreme Court; answer question of law from district court .................................................................................. 183, 198, 840, 1764, 2916
HB 165-- Whistleblower Protection Act; enact ................................................... 183, 198
HB 166-- Volunteer firemen injured in line of duty; disability compensation ...................................................................... 183, 198, 304, 879, 3071, 3521

4248

INDEX

HB 167-- Clayton Judicial Circuit; judges; allocation of duties......... 189, 213, 317, 318, 2730
HB 168-- Cruelty to children in second degree; nonmerger provision ...................................................................................... 189, 213, 631
HB 169-- Drivers' licenses; certain suspension; limited driving permits ................................................................................................. 189, 213
HB 170-- Fair Lending Act; repeal ...................................................................... 189, 213
HB 171-- Motor vehicle insurance; termination; exception; certain military personnel ................................................................................ 190, 213
HB 172-- Juvenile proceedings; discovery and inspection; regulate................................................................................................. 190, 213
HB 173-- Bulletproof vest; unlawful during commission of certain offenses ................................................................... 190, 213, 672, 974, 2930
HB 174-- Peanut producers; marketing orders; required assenting votes ..................................................................................... 191, 213, 262, 319
HB 175-- Bottled water; consumption in public transit bus or rapid rail car or station; provisions; exception ......................... 191, 213, 1547, 2314, 3482, 3838, 3847, 3907, 3913, 3931, 4004
HB 176-- Adoptions; name change of office; amend provisions .............. 191, 213, 1524
HB 177-- Real estate appraisers, brokers, and salespersons; amend provisions; community association managers ........ 192, 213, 331, 375, 2517
HB 178-- Coastal marshlands; protection provisions; exempt certain property ................................................................... 192, 213, 213, 575, 623
HB 179-- Education; mandatory attendance; change age to 17........................... 193, 213
HB 180-- Roadside beautification; public rights of way; provisions............................................................................................. 193, 213
HB 181-- Public Revenue Code; conform to federal law .......................... 193, 213, 2040
HB 182-- Uniform rules of the road; traffic-control signal monitoring devices; civil monetary penalties ................... 194, 213, 892, 1899, 3286
HB 183-- Tattooing near the eye; prohibition; expand exception ....194, 213, 1076, 1663
HB 184-- Financial institutions; disclosure of certain information; consumer's consent required ................................................................ 194, 213
HB 185-- Drivers' licenses; certain suspension; limited driving permits ............................................................................... 194, 213, 753, 1054
HB 186-- Physicians; gifts from certain industries; prohibit ............................... 195, 213
HB 187-- Drivers' licenses; Class D permit holders; limitations......................... 195, 213

INDEX

4249

HB 188-- Radar; delete certain requirement; permit use while application pending...................................................................... 195, 213, 672
HB 189-- Sales tax; certain carpet samples; fair market value............ 196, 213, 213, 576 624, 3842
HB 190-- Aggravated child molestation; prosecution at any time ............ 196, 213, 1757
HB 191-- Motor vehicles; registration and insurance provisions; amend................................................................................ 196, 213, 355, 1820, 1914, 2934, 3253
HB 192-- General Assembly members; annual salaries; reduce 5 percent.................................................................................................. 198, 213
HB 193-- Weapons; unauthorized possession; affirmative defense .................... 204, 240
HB 194-- Uniform Athlete Agents Act; enact .................................... 204, 240, 672, 777, 3294, 3450, 3482
HB 195-- Property unlawfully obtained; photographic record ............................ 204, 240
HB 196-- Marijuana; reduce quantity for trafficking prosecution............ 205, 240, 1065, 1796, 2932
HB 197-- Crimes against children; amend provisions; criminal liability ......................................................................................... 205, 240, 356
HB 198-- Education; Professional Standards Commission; revise provisions................................................................................... 205, 240, 1756
HB 199-- Colleges; meningococcal meningitis; vaccination or signed waiver ....................................................................................... 205, 240
HB 200-- State purchasing contracts; preference for Georgia vendors................................................................................................. 206, 240
HB 201-- Motor vehicle insurance; mile-based premiums.................................. 206, 240
HB 202-- Sales tax exemption; certain gas for production of electricity ............................................................................................. 206, 240
HB 203-- Budget; eliminate continuation report; zero-base budgeting ............................................................................................. 207, 240
HB 204-- Sales tax exemption; certain school clothes, supplies, computer items; limited time ....................................................... 207, 240, 240
HB 205-- Special license plates; Boy Scouts of America.................................... 207, 240
HB 206-- Professional counselors; licensing; exempt disaster relief services ..................................................................... 208, 240, 753, 1099
HB 207-- Joint county and municipal sales tax; rate for consolidated governments ........................................................... 208, 240, 241
HB 208-- Property Owners' Association Act; clarification of provisions............................................................................................. 209, 240
HB 209-- Income tax credit; qualified child care expenses................................. 209, 240
HB 210-- Condominiums; clarification of provisions ......................................... 209, 240
HB 211-- Assistance dogs; interfering with, assaulting, killing; penalties ..................................................................................... 210, 240, 1757

4250

INDEX

HB 212-- Public roads and Georgia Regional Transportation Authority; repeal allocation of funds................................................... 210, 240
HB 213-- Payment card transactions; printed receipt; restrict information................................................................................ 210, 240, 1453, 2001, 3287, 3426
HB 214-- Special license plates; Thanks Mom and Dad Fund............................ 211, 240
HB 215-- Insurance underwriting or rating; credit and credit scoring; provisions.................................................................... 211, 240, 1033, 1421, 2929
HB 216-- Teachers Retirement; reemployment of retired teachers ..................... 211, 240
HB 217-- Seat belts; child restraints; change age ............................. 233, 258, 1034,1572
HB 218-- State Road and Tollway Authority; certain SR 400 tolls; restrict usage ........................................................................................ 233, 258
HB 219-- Maximum speed limit; school zones; 25 miles per hour ..................... 233, 258
HB 220-- Health benefits; failure to pay; penalty not applicable to cap ........................................................................................................ 234, 258
HB 221-- Commercial Code and motor vehicles; certain transactions between dealer and owner ............................................... 234, 258
HB 222-- Salaries of certain state officials; 10 percent reduction ....................... 234, 258
HB 223-- Sales tax exemption; archeological exploration and preservation.......................................................................................... 235, 258
HB 224-- Judicial Retirement; members transfer contributions from Employees' Retirement System................................................... 235, 258
HB 225-- World Congress Center Overview Committee; additional members............................................................. 235, 258, 399, 595, 3287, 3362
HB 226-- County and state ordinances; violation; increase penalty......... 235, 258, 1455, 2154, 3479
HB 227-- Wild animal permit; exempt Bengal cat .............................. 236, 258, 355, 419
HB 228-- Sales tax exemption; school clothes, supplies, computers; annually in August .................................................... 236, 258, 259
HB 229-- Guardian and ward; comprehensive rewrite of provisions............................................................................................. 237, 258
HB 230-- Teachers Retirement; creditable service; 29 years .............................. 237, 258
HB 231-- Teachers Retirement; reemployment of retired teachers ..................... 237, 258
HB 232-- Teachers Retirement; employee's contribution rate............................. 238, 258
HB 233-- Teachers Retirement; increase retirement allowance multiplier.............................................................................................. 238, 258
HB 234-- Superior Court Clerks' Retirement; death of spouse; full benefit restored .................................................................................... 238, 258
HB 235-- Teachers Retirement; early retirement; eliminate penalty.................................................................................................. 238, 258

INDEX

4251

HB 236-- RICO Act; redefine racketeering activity; include insurance fraud.................................................................. 239, 258, 839, 1518, 2738, 2863
HB 237-- Water resources; ground water, surface water, river basins, wells; state-wide water management plan .............. 239, 258, 575, 795, 2926, 2953, 3072, 3078, 3258, 3942
HB 238-- Tests of certain substances; lab certificates; admission as evidence........................................................................................... 249, 274
HB 239-- County jail inmates; earned time allowances ............................ 249, 274, 1035
HB 240-- Technology and indigent defense fees and certain fines; authorize............................................................................................... 249, 274
HB 241-- Child abuse; certain sexual abuse; parent report ................................. 250, 274
HB 242-- Environmental policy; publication of rationale; noncompliance ........................................................................... 250, 274, 1076
HB 243-- Martin Luther King, Jr. Commission; create ............................. 250, 274, 1987
HB 244-- Timber harvesting; regulatory authority of counties and municipalities; limitations ................................................................... 251, 274
HB 245-- Putnam County; education districts; reapportion ............... 251, 274, 650, 651, 3326
HB 246-- Public records inspection; written requests; certain information redacted ................................................................. 251, 274, 1269, 1896, 2928
HB 247-- Hunting; amend provisions; commercial deer hunting preserves .............................................................................................. 251, 274
HB 248-- Putnam County; commissioner districts; reapportion ........ 252, 274, 651, 652, 3326
HB 249-- Joint county and municipal sales tax; 2% levy by consolidated governments ........................................................... 252, 274, 274
HB 250-- Sales tax exemption; school supplies, clothing, computers; limited time ............................................................... 253, 274, 275
HB 251-- Sales tax exemption; athletic event tickets; University System.......................................................................................... 253, 274, 276
HB 252-- Income tax credit; qualified health insurance expenses ...................... 254, 274
HB 253-- Public schools; annually observe Celebrate Freedom Week; week of 9/11 ............................................................................. 254, 274
HB 254-- Human resources; Choose Life adoption support program; special license plates ........................................................... 254, 274
HB 255-- Superior court fees; interpreters; temporary protective order hearings ........................................................................... 255, 274, 1454, 1794, 3481

4252

INDEX

HB 256-- Industries for the Blind; manufactured products; purchase by state employees; exception .................................... 255, 274, 1035
HB 257-- State symbols; green tree frog; designate official state amphibian............................................................................................. 255, 274
HB 258-- Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund ..................................... 256, 274
HB 259-- Health benefits; failure to pay; penalty not applicable to cap ....................................................................................... 256, 274, 277, 839, 1050
HB 260-- Off-road vehicles; registration; amend provisions ...................... 256, 274, 753
HB 261-- Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders ........................................................................................ 265, 316, 1632, 2123, 2926
HB 262-- Service delivery strategy; certain franchise fees; offset certain costs.......................................................................................... 265, 316
HB 263-- Mass transportation service; increase limit of state funds..................................................................................... 265, 316, 576, 664
HB 264-- Guardian ad litem; civil liability; qualified immunity......................... 265, 316
HB 265-- Columbus Municipal Court; judge, clerk, marshal; compensation ...................................................................... 266, 316, 346, 347, 758, 971, 1478
HB 266-- Public School Employees Retirement; increase benefit ..... 266, 316, 332, 371, 2483
HB 267-- Teachers Retirement; contribution rate; certain reduction .............................................................................. 266, 316, 713, 875
HB 268-- Peace Officers' Annuity and Benefit Fund; increase dues ..................................................................................... 267, 316, 332, 373, 2483
HB 269-- Cherokee Judicial Circuit; add judge......................................... 267, 316, 1454
HB 270-- Judges of the Probate Courts Retirement; certain application; date benefits begin .......................................... 267, 316, 332, 374, 2483
HB 271-- Education; certificated professional personnel; compensation ....................................................................................... 268, 316
HB 272-- Home arrest program; qualifications; supervision; pretrial arrestees................................................................................... 268, 316
HB 273-- Juvenile court jurisdiction; temporary child support order ..................................................................................................... 268, 316
HB 274-- Special license plates; retired reservists or National Guard members.................................................................................... 269, 316
HB 275-- Bill of rights for Georgia teachers; enact............................................. 269, 316

INDEX

4253

HB 276-- Public School Employees Retirement; age 60 or 30 years' credit .......................................................................................... 269, 316
HB 277-- Public Service Employees' Occupational Safety and Health Act; enact ................................................................................. 270, 316
HB 278-- Ethics; required filings; keep envelope or wrapper with report .......................................................................................... 270, 316, 1987
HB 279-- Bingo; use of certain electronic or computer devices; provisions............................................................................ 270, 316, 776, 969, 3479
HB 280-- Special license plates; Boy Scouts of America.................................... 270, 316
HB 281-- Driver education; local boards offer as elective; funding.................... 271, 316
HB 282-- Gwinnett Judicial Circuit; add judge ......................................... 271, 316, 1454
HB 283-- Fleeing or eluding police while driving under the influence; felony .................................................................................. 271, 316
HB 284-- Dental hygienists; increase membership on Dentistry Board.................................................................................................... 272, 316
HB 285-- Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board............................................... 272, 316, 776, 942, 2518, 3085
HB 286-- Human resources; Choose Life adoption support program; special license plates ............................................................ 272, 316
HB 287-- Joint county and municipal sales tax; 2% levy by consolidated governments .................................................. 273, 316, 316, 576, 723
HB 288-- Satilla Regional Water and Sewer Authority; name change from Ware County Water and Sewer Authority..... 306, 344, 369, 370, 1767
HB 289-- Former state employees; return to service; forfeited sick leave restored .................................................................... 307, 344, 909, 1097, 2929
HB 290-- Ad valorem tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception ............................................................... 307, 344, 1271, 1680, 3665, 3830, 3914, 3990
HB 291-- Administrative Services, Department of; certain bidding procedure; delete repealer......................................................... 307, 344, 1583, 1942, 3845
HB 292-- Employees' Retirement; assistant district attorneys; credit for certain previous service........................................................ 308, 344
HB 293-- Honeybees; inspection and registration of colonies; change provisions ............................................................. 308, 344, 908, 1047, 2933

4254

INDEX

HB 294-- Income tax; certain monthly returns; increase threshold..................... 308, 344
HB 295-- Education; deaf students; certification of interpreters ......................... 308, 344
HB 296-- Seat belts; pickup trucks and off-road vehicles; requirement; fines ................................................................................ 309, 344
HB 297-- Local option sales tax; additional county 1% levy; authorization ........................................................................................ 309, 344
HB 298-- Income tax credits; certain businesses; less developed areas ..................................................................................................... 309, 344
HB 299-- Trial juries; state and defense; equal peremptory strikes .................... 310, 344
HB 300-- Legislative Retirement; General Assembly; membership; prior service ................................................................... 310, 344
HB 301-- Judicial sales later rescinded; limitation of damages................ 310, 344, 1454, 2288, 3481
HB 302-- Motor vehicles; radio and other sound-making devices; limits on sound volume........................................................................ 311, 344
HB 303-- State defense force; authority to use certain state property............................................................................... 311, 344, 650, 760, 2927
HB 304-- Water well contractors; licensing; amend provisions............... 311, 344, 1454, 1933, 2932
HB 305-- Eminent domain; electric transmission line; prohibit; exception.............................................................................................. 312, 344
HB 306-- Tax executions; prohibit sale ............................................................... 312, 344
HB 307-- Structural pest control companies; insurance requirements........................................................................ 312, 344, 630, 719, 2517
HB 308-- Sales tax exemption; archeological exploration and preservation.................................................................................. 313, 344, 344
HB 309-- Joint development authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater.............................................................................. 313, 344, 1270, 2327, 2736
HB 310-- Taxable net income; exclude certain military pay............................... 313, 344
HB 311-- Electric, natural gas, and local phone companies; payment centers ................................................................................... 315, 344
HB 312-- Walton County; board of elections and registration; create ................................................................................... 334, 368, 413, 414, 1555
HB 313-- Speed detection devices; required warning signs; change size................................................................................... 335, 368, 841
HB 314-- Greenspace Trust Fund; interest; expenditure provisions... 335, 368, 753, 897, 2738, 2861

INDEX

4255

HB 315-- New municipality; creation; minimum distance; sales tax distribution ..................................................................................... 335, 368
HB 316-- Persons supervising children; criminal background checks; National Crime Information Center.....................336, 368, 1631, 2416
HB 317-- Walton County; Partnership for Families, Children, and Youth; create....................................................................... 336, 368, 413, 414, 1555
HB 318-- Adult Day Center for Aging Adults Licensure Act; enact .......................................................................................... 336, 368, 1838, 2317, 3842, 3974
HB 319-- Child support and driver's license applications; social security number or certification of non-eligibility ..................... 336, 368, 753, 2111, 3287, 3435, 3477, 3661, 3665, 3863, 4004
HB 320-- Education; Certified School Social Worker Specialists; salary increase........................................................................... 337, 368, 1523, 1686
HB 321-- Subdivisions accessing state highway system; Department of Transportation approval............................ 337, 368, 841, 2153, 3999
HB 322-- Appeals; judgments and rulings; amend provisions .......... 337, 369, 909, 2770
HB 323-- Athens-Clarke County Industrial Development Authority; membership ....................................................... 338, 369, 413, 414, 1478
HB 324-- International Affairs Coordinating Council; create .................. 338, 369, 1631, 1943, 3841, 3881, 3998
HB 325-- Income tax credits; certain businesses; border counties ...................... 338, 369
HB 326-- Nonprofit hospitals and employees; liability insurance; provisions..........................................................................339, 369, 1850, 2430
HB 327-- Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems ......................... 339, 369, 672, 901, 3071, 3516
HB 328-- Local boards of education; certain benefits; authorize funds..................................................................................................... 339, 368
HB 329-- Speed detection device; certain 30-day limitation; work zone speeding violations............................................................ 340, 368, 1583
HB 330-- Parental power, grandparent visitation, adoption; prohibition; certain conviction............................................................. 340, 368
HB 331-- Open records; certain exemption; redact identifying information................................................................................. 340, 368, 1840

4256

INDEX

HB 332-- State highway employees; indemnification; eligibility date....................................................................................................... 341, 368
HB 333-- Catoosa County; board of elections and registration; amend provisions ................................................................ 341, 368, 413, 415, 2730
HB 334-- Catoosa County; board of education; reapportion .............. 341, 368, 413, 415, 2730
HB 335-- Washington County; vehicle registration period; change provisions............................................................................ 341, 368, 413, 416, 2517
HB 336-- School Restroom Standards Act; enact................................................ 342, 368
HB 337-- Income tax credit; qualified education expenses; home study programs..................................................................................... 342, 368
HB 338-- Plumbers; false advertising; amend provisions ......................... 358, 409, 1076
HB 339-- Probation system; confidential records; commissioner may declassify........................................................................... 358, 409, 1035, 1483, 3287
HB 340-- Motor vehicle for certain warden; repeal provisions................. 358, 409, 1035
HB 341-- HOPE scholarships; private colleges; certain part-time eligibility............................................................................ 358, 409, 839, 1484
HB 342-- Tuition equalization grants; part-time students; certain HOPE scholarships .............................................................................. 359, 409
HB 343-- Waycross, City of; commission districts; reapportion........ 359, 409, 651, 652, 1767
HB 344-- Dublin, City of; board of education; compensation ........... 359, 409, 590, 591, 2819
HB 345-- Teachers Retirement; certain prior service in public schools; credit ...................................................................................... 360, 409
HB 346-- Sales tax; educational purposes; local boards; performance audit .............................................................360, 409, 1271, 2161
HB 347-- Veterinary practice; extensively revise provisions ............. 360, 409, 630, 850, 1889, 2836
HB 348-- State employees; certain office holders; use of annual and personal leave................................................................................ 361, 409
HB 349-- Sales tax; exempt certain sales; chartered boats .................................. 361, 409
HB 350-- Law enforcement officer in unmarked vehicle; identification ........................................................................................ 361, 409
HB 351-- Income tax deduction; subscriptions paid for fire protection ............................................................................................. 362, 409

INDEX

4257

HB 352-- Licensing boards; complaints against licensee; athletic trainers; licensing violations ..................................................... 362, 409, 1076, 1485, 2931, 3096, 3272, 3275, 3290, 3760, 4004
HB 353-- Motor vehicles; maximum speed limits for trucks; exception.............................................................................................. 362, 409
HB 354-- Tax amnesty and property tax amnesty programs; provisions............................................................................................. 362, 409
HB 355-- Voter Choice and Election Access Reform Act of 2003; enact ........................................................................................... 363, 409, 1454
HB 356-- Drivers' licenses; residency requirements; veteran's license .................................................................................................. 363, 409
HB 357-- Certain deaths; persons in compensated care; notify coroner ................................................................................................. 363, 409
HB 358-- Sales tax exemption; certain sales to volunteer fire departments.......................................................................................... 364, 409
HB 359-- Perpetrators of felonies; local government rewards; remove limitation..............................................................364, 409, 1757, 2331
HB 360-- Contracts for school principals; date for tendering ............................. 364, 409
HB 361-- Sales tax exemption; sales of certain energy efficient appliances..................................................................................... 365, 409, 410
HB 362-- Teachers and employees; nonrenewal of contract; local boards adopt policy.............................................................................. 365, 409
HB 363-- Electronic textbooks; make available to local boards, schools, and students............................................................................ 365, 409
HB 364-- Persons convicted of certain offenses entering certain property; criminal trespass................................................................... 366, 409
HB 365-- State symbols; green tree frog; designate official state amphibian............................................................................. 366, 409, 411, 631
HB 366-- Teachers Retirement; reemployment of retired teachers ..................... 403, 589
HB 367-- Oral trust agreement for personal property; provisions............ 403, 589, 1840, 2307, 3071
HB 368-- Massage Therapy Licensure Act; enact............................................... 403, 589
HB 369-- Debtor and creditor; debt adjustment; amend provisions.................... 404, 589
HB 370-- Cobb County; state court solicitor-general and assistants; compensation ..................................................... 404, 589, 651, 652, 2731
HB 371-- Child passenger restraining systems; amend provisions ..................... 404, 589

4258

INDEX

HB 372-- County and municipal hospital authorities; certain financial aid; critical personnel shortages................................. 404, 589, 1076, 1658, 2917, 3442, 3478, 3661, 3665, 3808, 4005
HB 373-- Electric membership corporations; transmission line siting committee; provisions.............................................405, 589, 1851, 2263
HB 374-- Local government entities and state authorities; timely payment for goods and services........................................................... 405, 589
HB 375-- Cobb County; state court judges and associate judges; compensation ...................................................................... 406, 589, 651, 653, 2731
HB 376-- Teachers Retirement; reemployment of retired teachers ..................... 406, 589
HB 377-- Crimes; abortion; make unlawful ........................................................ 406, 589
HB 378-- Alcoholic beverages; state excise taxes; increase................................ 406, 589
HB 379-- Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ....................................................... 407, 589, 1271, 1590, 1656, 2895
HB 380-- Flag; nonbinding state-wide referendum .................................. 407, 589, 1852, 2382, 3254, 3830, 3846
HB 381-- Street gangs; prohibited activity; punishment provisions.................... 407, 589
HB 382-- Employees' Retirement; tax officials' employees; membership.......................................................................................... 408, 589
HB 383-- Taxable net income; exclude certain military pay.............. 408, 589, 589, 842, 1516, 3273
HB 384-- Open meetings and records; exception to disclosure; security issues ...................................................................................... 409, 589
HB 385-- Debtor or creditor; debt adjustment; amend provisions ........... 578, 617, 1269, 1561, 3479, 3749
HB 386-- Lula, City of; council districts; reapportion........................ 579, 617, 841, 843, 1888
HB 387-- State estate taxes; amend provisions.................................................... 579, 617
HB 388-- Retail gasoline dealers; post certain warning signs ............................. 579, 617
HB 389-- New residential subdivisions; restrictive covenants; applicability ......................................................................................... 579, 617
HB 390-- School councils; amend provisions; State of the School presentation.......................................................................................... 580, 617
HB 391-- Glynn County; board of education; amend provisions....... 580, 617, 650, 653, 1555
HB 392-- Counties; consolidation; intergovernmental agreement and referendum .................................................................................... 580, 617

INDEX

4259

HB 393-- Fair housing authorities; subpoena power to investigate complaints............................................................................................ 581, 617
HB 394-- Employees' Retirement; certain prior service; creditable service .................................................................................................. 581, 617
HB 395-- School attendance officers; authority; certain peace officers; duties...................................................................................... 581, 617
HB 396-- Reynolds, City of; mayor and council; compensation........ 581, 617, 651, 653, 2731
HB 397-- Firearms; certain unauthorized possession; affirmative defense .............................................................................. 582, 617, 617, 1455, 1728, 3255
HB 398-- State and county penal institutions; certain inmate labor; authorize .................................................................................... 582, 617
HB 399-- Randolph County; homestead exemption; certain residents ............................................................................... 583, 617, 651, 653
HB 400-- Trials; young victims of certain crimes; closed circuit television for questioning .................................................................... 583, 617
HB 401-- Conservation and natural resources; certain submerged artifacts; authorize collection............................................................... 583, 617
HB 402-- Evans County; commissioner districts; reapportion ........... 584, 617, 651, 654, 1767
HB 403-- Lake City, City of; homestead exemption .......................... 584, 617, 651, 654, 2483
HB 404-- Workers' compensation; certain medical treatment; authorization; denial ............................................................................ 584, 617
HB 405-- Elected public officers; residency requirements; oath and affidavit ......................................................................................... 584, 617
HB 406-- Endangering a child's education; failure to enroll; penalties ............................................................................................... 585, 617
HB 407-- Education; division of school board mediation; provisions............................................................................................. 585, 617
HB 408-- Candidates for nonjudicial offices in nonpartisan election; provisions .............................................................................. 585, 617
HB 409-- Georgia Procurement Registry; certain bid opportunities; advertisement................................................................ 586, 617
HB 410-- Environmentally sound new housing; construction requirements; certification ................................................................... 586, 617
HB 411-- Emergencies; firearms; repeal certain power of governor ............................................................................................... 586, 617
HB 412-- Textbooks of excessive weight; provisions to protect students from injury ............................................................................. 587, 617

4260

INDEX

HB 413-- Constructed storm-water wetlands; preferential assessment; ad valorem tax....................................................... 587, 617, 1526, 2295, 3072
HB 414-- Criminal procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports............................................ 606, 647, 1757, 2259, 2931, 3153, 3272, 3285, 3291, 3755, 4005
HB 415-- Sheriffs engaging in certain businesses; violation of oath of office...................................................................... 607, 647, 840, 1514
HB 416-- Evans County; education districts; reapportion.................. 607, 647, 714, 715, 1767
HB 417-- Torts; fees and costs of litigation; recovery......................................... 607, 647
HB 418-- Convenience stores; safety enclosure for cash register operators............................................................................................... 608, 647
HB 419-- Colquitt, City of; vacancies and city manager.................... 608, 647, 714, 715, 2611
HB 420-- Corrections and pardons and paroles; reimbursement to counties for housing inmates ............................................................... 608, 647
HB 421-- Motor vehicle accident insurance; certain payments; notification to lienholder...................................................................... 609, 647
HB 422-- Income tax credit; certain businesses creating full-time jobs............................................................................................ 609, 647, 1271, 1560, 2737
HB 423-- Municipalities; lease property to certain nonprofit corporation ................................................................................ 609, 647, 1270, 1928
HB 424-- State employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan...................................................................................... 609, 647, 839, 940, 3288, 3925
HB 425-- Sales tax exemption; fuel for certain swine raising purposes ....................................................................................... 610, 647, 647
HB 426-- Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit ............................................... 610, 647
HB 427-- Elections; direct recording electronic voting systems; amend provisions ...................................................................... 611, 647, 1632, 2010
HB 428-- Intellectually Disabled Health and Fitness Program Fund; establish; special license plates ................................................. 611, 647
HB 429-- Workers' compensation; total and temporary partial disability; benefits................................................................................ 611, 647

INDEX

4261

HB 430-- Dentistry; dental coverings; practicing without a license; authorize arrest ....................................................................... 612, 647
HB 431-- Income tax credit; teachers; qualified education expenses ....................................................................................... 612, 647, 648
HB 432-- Counties and municipalities; certain building permits; notice to local boards of education and Department of Transportation...................................................................................... 613, 647
HB 433-- Day-care facilities; licensing; liability insurance required ..................................................................................... 613, 647, 1064, 1680
HB 434-- Students in transit; certain conditions; not to be counted tardy or absent...................................................................................... 613, 647
HB 435-- County appointed school superintendents; early termination; provisions ........................................................................ 614, 647
HB 436-- Alternative fueled vehicles; hybrid vehicles; designated travel lanes ........................................................................................... 614, 647
HB 437-- Taxicabs; regulation by Department of Motor Vehicle Safety ................................................................................................... 614, 647
HB 438-- Sexual offenses; pimping; change provisions............................ 615, 647, 1065
HB 439-- Employees' Retirement; certain members; credit for qualified prior service .......................................................................... 615, 647
HB 440-- Special license plates; restoration of wild turkey populations........................................................................................... 634, 710
HB 441-- Judicial Retirement; Fulton County State Court judges; membership.......................................................................................... 634, 710
HB 442-- Dentists; mercury amalgam fillings; prohibit certain usage .................................................................................................... 634, 710
HB 443-- Irwin County; board of education; compensation .............. 635, 710, 755, 756, 1768
HB 444-- Lake Oconee; prohibit certain boats ......................................... 635, 711, 1523, 1684, 2932
HB 445-- Fulton County; magistrates; increase number .................... 635, 711, 922, 923, 2818
HB 446-- Fulton County; state court; additional judge ...................... 635, 711, 922, 924, 2820
HB 447-- Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools ........... 636, 711, 753, 1487, 3073, 3440, 3478, 3662, 3664
HB 448-- Atlanta municipal court; change certain fees............................ 636, 711, 2235, 2237, 2786, 3392
HB 449-- Drivers' licenses; ignition interlock devices; amend provisions............................................................................................. 636, 711

4262

INDEX

HB 450-- Driver training schools and driver's education programs; licensing.............................................................................. 637, 711
HB 451-- Forsyth County; magistrate court; chief magistrate............ 637, 711, 755, 756, 3326, 3848
HB 452-- Drivers' licenses for minors; certain instructors sign application.................................................................................... 637, 711, 753
HB 453-- Income tax credit; certain teachers or paraprofessionals..................... 637, 711
HB 454-- Taxable net income; exclude amount paid for health insurance .............................................................................................. 638, 711
HB 455-- Limousine carriers; annual inspection reports.................. 638, 711, 753, 1098, 2736
HB 456-- Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs................................................................. 638, 711, 753, 904, 2927
HB 457-- Uniform rules of the road; motor vehicles; reduce speed when passing certain stationary vehicles............................ 638, 711, 753, 937, 3288
HB 458-- Secretary of State; director of protocol and international affairs; create position.......................................................................... 639, 711
HB 459-- Education; division of school board mediation; provisions............................................................................................. 639, 711
HB 460-- Uniform rules; securing vehicle loads; live animal provisions............................................................................................. 639, 711
HB 461-- Georgia Military Pension Fund; certain ordered active duty not a break in service .................................................. 640, 711, 754, 935, 2737, 2834
HB 462-- Sexual exploitation of children; computer pornography; obscene Internet contact with child .......................................... 640, 711, 1269, 1675, 3286, 3365
HB 463-- Sex offender registration; amend provisions .................... 640, 710, 909, 1095, 3289, 3411
HB 464-- Georgia Military Pension Fund; certain prior service; certain call to active duty ..................................................................... 641, 710
HB 465-- Income tax; monthly returns; increase threshold......................... 641, 710, 711
HB 466-- Abortion; parental notification; identification requirements................................................................................. 641, 710, 711
HB 467-- Public meetings/records; exemptions from disclosure ................ 642, 711, 712
HB 468-- Income tax; estimated tax; underpayment amount ............. 642, 711, 712, 842, 1699, 3073
HB 469-- Income tax; claim for refund; filing date............................ 643, 711, 713, 842, 1700, 3073

INDEX

4263

HB 470-- Juvenile proceedings; redefine child; include status offender ............................................................................. 643, 711, 922, 1090, 2916
HB 471-- Montgomery County; board of education; nonpartisan election................................................................................ 644, 711, 755, 756, 2484
HB 472-- Charitable solicitations; agent registration; amend ............................. 644, 711
HB 473-- Special license plates; United States flag ............................................ 644, 711
HB 474-- Nuisances; county and municipal abatement powers; unfit buildings ...................................................................................... 645, 711
HB 475-- Defined contribution plans; employer and employee contributions ...................................................................... 645, 711, 754, 1101
HB 476-- Employees' Retirement; certain law enforcement personnel; benefit formula ................................................................... 645, 711
HB 477-- Property sold for taxes; redemption amount........................................ 646, 711
HB 478-- Education officials; recommending certain products to students; prohibit compensation .......................................................... 676, 740
HB 479-- Child abuse protocol; child fatality review committee; powers of panel......................................................................... 676, 740, 1064, 1692, 2928, 3088
HB 480-- Employees' Retirement; certain members; purchase additional years .................................................................................... 676, 740
HB 481-- Sales tax; phased-in exemption; food and beverages in vending machines ........................................................................ 676, 741, 742
HB 482-- Henry County; homestead exemption; assessed value ........................ 677, 741
HB 483-- Drivers' licenses; exempt certain persons from driving exam................................................................................... 677, 741, 743, 1582
HB 484-- Personal property in custody of law enforcement agency; disposition .............................................................................. 678, 741
HB 485-- Contracts; cigarette dealers and manufacturers; prohibitions .......................................................................................... 678, 741
HB 486-- Developmental Highway System; road corridors; change description ............................................................................... 679, 741
HB 487-- Sewage holding tanks; commercial waste; regulation............... 679, 741, 1851
HB 488-- Effingham County; board of education; nonpartisan election................................................................................ 679, 741, 841, 846, 1768
HB 489-- Children in protective custody; cost of care; reimbursement ........................................................................... 679, 741, 1631
HB 490-- Drivers' licenses and identification cards; prohibit fingerprinting ....................................................................................... 680, 741

4264

INDEX

HB 491-- Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits ....................................... 680, 741
HB 492-- Income tax credit; certain headquarters; creation of fulltime jobs.................................................................................... 680, 741, 1271, 1689, 2738
HB 493-- Alcoholic beverage sales; consumption on premises; local authorization..................................................................... 681, 741, 1249, 2101
HB 494-- Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center ............................................................................... 681, 741
HB 495-- Landfill sites; used for certain construction; required tests ........................................................................................... 681, 741, 1851, 2778
HB 496-- Municipal landfill; distance requirement from residence.................... 682, 741
HB 497-- East Central Georgia Railroad Excursion Authority; create ......................................................................................... 682, 741, 1631, 2132, 3843, 3893
HB 498-- Employees' Retirement; certain temporary full-time service; credit ....................................................................................... 682, 741
HB 499-- Handguns; license fees; exempt law enforcement officers ................................................................................................. 682, 741
HB 500-- Terrell County; chief magistrate; nonpartisan elections..... 683, 741, 841, 846, 2611
HB 501-- Terrell County; probate judge; nonpartisan elections......... 683, 741, 841, 847, 2611
HB 502-- Juvenile court judges; compensation from state funds; adjustment................................................................................. 683, 741, 1269, 1587
HB 503-- Tollways; causeway to barrier islands; exemption for certain residents ........................................................................ 684, 741, 1610, 1783, 2736
HB 504-- Motor fuel tax; prepaid tax ....................................................... 684, 741, 1271, 1573, 3848, 3938
HB 505-- Webster County; vehicle registration period ...................... 684, 741, 841, 847, 2731
HB 506-- Manufactured homes and mobile homes; certificate of permanent location; provisions................................................. 684, 741, 1076, 1669, 2928
HB 507-- Child custody; attorneys' fees and litigation expenses ........................ 685, 741
HB 508-- Employment; crime victims; unpaid leave to attend proceedings .......................................................................................... 685, 741

INDEX

4265

HB 509-- Soil erosion and sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ............................................................................... 685, 741, 1076, 1802, 2929
HB 510-- Zoning procedures; time when action may not be taken ..................... 686, 741
HB 511-- Private waste-water treatment facilities; permits for approval ............................................................................................... 686, 741
HB 512-- Glynn County; sheriff's office; appointment of undersheriff............................................................................... 686, 741, 1271, 1272, 2731
HB 513-- Intangible tax; payment; recording of instruments.............................. 687, 741
HB 514-- Municipal Option Sales Tax Act; enact............................................... 687, 741
HB 515-- Education accountability; comprehensive revision of provisions............................................................................................. 687, 741
HB 516-- Education flexibility and accountability; comprehensive revision of provisions........................................................................... 687, 741
HB 517-- Retail installment contracts and revolving accounts; fees ............................................................................................ 688, 741, 1076, 1578, 3478, 3754
HB 518-- Income tax credit; qualified health insurance expenses .............. 688, 741, 744
HB 519-- Lake Lanier Islands Development Authority; allocation of certain funds ......................................................................... 689, 741, 1024, 1270, 2007, 3288
HB 520-- Sales tax; temporary rate change ................................................. 689, 741, 745
HB 521-- Colleges; meningococcal meningitis; vaccinations .................. 689, 741, 1471, 1815, 2819, 2983, 3072, 3169, 3257, 3763, 4005
HB 522-- Homestead option sales tax; referendum; disbursement of proceeds........................................................................................... 690, 741
HB 523-- Glynn County; community improvement district; create ... 690, 741, 768, 841, 847, 1040
HB 524-- Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds ............................ 690, 742
HB 525-- Day-care; certain pre-kindergarten programs; licensing; exemptions ........................................................................................... 691, 742
HB 526-- Nursing Home Provider Fee Act; enact.................................... 691, 742, 1453, 1565, 2930, 3108
HB 527-- Ad valorem tax exemption; farm equipment in inventory for resale ........................................................... 691, 742, 745, 1271, 1660, 3481

4266

INDEX

HB 528-- Ad valorem tax; preferential assessment; certain stormwater wetlands ............................................................................. 692, 742, 745
HB 529-- Tax receivers; taxpayer statistical information; confidentiality ............................................................................ 692, 740, 1455
HB 530-- Insurance premium taxes; change provisions ...................................... 693, 740
HB 531-- Ad valorem tax; preferential assessment; environmentally contaminated (brownfield) property.............. 693, 740, 1738, 2340, 3256
HB 532-- Open records requests; compliance; Internet records........ 693, 741, 746, 1455
HB 533-- Computer software; redefine; exclusions .................................... 694, 741, 747
HB 534-- Public Revenue Code; conform to federal law ............................ 694, 741, 748
HB 535-- Income tax credits; low or zero emission vehicles; electric chargers ................................................................. 695, 741, 748, 1455
HB 536-- Income tax returns; electronic filing; extend date ....................... 696, 741, 749
HB 537-- Housing tax credits; qualified projects; credit amounts ... 696, 741, 749, 1455, 1792, 3274
HB 538-- Tax sales; redemption of property; amount payable ........................... 697, 741
HB 539-- Individual deferred annuities; nonforfeiture rate; sunset..................... 697, 741
HB 540-- Income tax credit; qualified reforestation expenses ............................ 697, 741
HB 541-- Sales tax; temporary change in rate ............................................. 697, 741, 750
HB 542-- Sales tax exemption; school supplies, clothing, computers; limited time ............................................................... 698, 741, 750
HB 543-- Income tax credits; home improvements and community improvement districts ....................................................... 699, 741
HB 544-- Revenue bonds; hedge contracts; powers of governmental bodies ........................................................... 699, 741, 750, 842, 1427, 2737, 2862, 2918, 2946, 3274, 3933, 4005
HB 545-- Hotel-motel tax; define certain authorities .......................................... 699, 741
HB 546-- Teachers Retirement; vested benefit; 5 years' membership.......................................................................................... 700, 741
HB 547-- Surcharges for certain public safety employees; remove certain limitations ...................................................................... 700, 741, 1524
HB 548-- Employees' Retirement; certain public safety personnel; enhanced benefit .................................................................................. 700, 741
HB 549-- Insurance premium tax credits; certified capital companies; repeal provisions..................................................... 701, 741, 2040
HB 550-- State purchasing; benefits based funding projects; certain contracts ........................................................................ 701, 741, 1063, 1431, 2820

INDEX

4267

HB 551-- Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ......................... 701, 741, 1063, 1435, 2787, 2984
HB 552-- Employees' Retirement; 30 years' service; project to age 65 ......................................................................................................... 701, 741
HB 553-- Employees' Retirement; 31 years' service; project to age 65 ......................................................................................................... 702, 741
HB 554-- Employees' Retirement; 32 years' service; project to age 65 ......................................................................................................... 702, 741
HB 555-- Employees' Retirement; 33 years' service; project to age 65 ........................................................................................................ 702, 741
HB 556-- Revenue Commissioner; powers and duties; tax executions; tax liabilities .................................................. 703, 741, 751, 1455, 1798, 3073, 3423, 3480
HB 557-- Judicial Retirement; certain creditable service .................................... 703, 741
HB 558-- Athletic and Entertainment Commission; amend provisions................................................................................... 704, 741, 1523
HB 559-- Income tax; corporations; allocation and apportionment formulas ....................................................................................... 705, 741, 751
HB 560-- Motor vehicles; certificates of title; payment of sales tax....................................................................................... 705, 741, 751, 1455
HB 561-- Local government budgets and audits; grant certification; amend provisions................................................. 706, 741, 1103, 1270, 1694, 3999
HB 562-- Income tax; exempt capital gain income ............................................. 706, 741
HB 563-- Income tax; biotechnology businesses; job tax credit ......................... 706, 741
HB 564-- Income tax; credit for premium energy efficient appliances............................................................................................. 707, 741
HB 565-- Ad valorem tax; exempt certain property used in generating electricity............................................................................ 707, 741
HB 566-- Income tax; credit for relocating headquarters; amend ....................... 707, 741
HB 567-- Sales tax; exempt certain biotechnology research, product development, or manufacturing.............................................. 708, 741
HB 568-- Public officials; decrease in salary ...................................................... 708, 741
HB 569-- Agriculture Commissioner; retention and use of moneys.......... 708, 741, 1735
HB 570-- Subsequent Injury Trust Fund; dissolution.......................................... 709, 741
HB 571-- State purchasing; budget emergency; Governor reduce costs ..................................................................................................... 709, 741
HB 572-- Special county 1% sales tax; amend provisions .................................. 709, 741
HB 573-- Coin operated amusement machines; revise provisions ...................... 728, 838
HB 574-- Abortion; minor; parental notification................................................. 728, 838

4268

INDEX

HB 575-- Motor vehicles; temporary registrations; extend time ............... 729, 838, 1034
HB 576-- Insurance; rate filings; effectiveness ................................................... 729, 838
HB 577-- Sexual offenders; probation or parole; register prior to release .................................................................................................. 729, 838
HB 578-- Economic Development and Public Safety Act; enact ............. 729, 838, 1547, 2157, 2257
HB 579-- Water resources; farm uses; water-measuring device .............. 730, 838, 1076, 1787, 2917, 3098
HB 580-- Grand juries; certain judges draw from electronic jury box ............................................................................................. 730, 838, 1454
HB 581-- Motor vehicle franchises; warranty reimbursement agreements; enforcement .......................................................... 730, 838, 1034, 2105, 3842
HB 582-- Pardons and paroles; notification of decision...................................... 731, 838
HB 583-- Students; certain acts of physical violence; disciplinary tribunal ................................................................................................. 731, 838
HB 584-- Long County; probate judge; nonpartisan election................... 731, 838, 1077, 1082, 2820
HB 585-- Used car dealers; surety bond .............................................................. 732, 838
HB 586-- Electric utilities; renewable energy goals ............................................ 732, 838
HB 587-- Wayne County; probate judge and chief magistrate; nonpartisan elections........................................................... 732, 838, 892, 893, 2731
HB 588-- Talbot County; commissioner districts; reapportion .......... 732, 838, 892, 893, 2732
HB 589-- Talbot County; education districts; reapportion ................. 733, 838, 892, 894, 2732
HB 590-- Teachers transferring from other states; certain exemption; paraprofessionals and aides ................................... 733, 838, 1756, 2352, 3847, 3979
HB 591-- Employment security; certain persons seeking part-time work ..................................................................................................... 733, 839
HB 592-- Monroe, City of; election districts; reapportion ................. 733, 839, 922, 924, 1555
HB 593-- Special license plates; AIDS Survival Project..................................... 734, 839
HB 594-- State employees' health insurance; certain community service retirees .......................................................................... 734, 839, 1632, 2261
HB 595-- War on Terrorism Local Assistance Act; enact........................ 734, 839, 1525, 1773
HB 596-- Oconee River Greenway Authority; amend provisions............ 735, 839, 1076, 1586, 2736

INDEX

4269

HB 597-- State licensing boards; reduce number of members ................. 735, 838, 1454, 1702, 2917, 3154, 3272, 3663, 3846
HB 598-- Insurance fraud; sales of coverage for unauthorized insurer; filing false material statement ..................................... 735, 838, 1524, 2309, 2933, 3170, 3272, 3275, 3290, 3446, 4005
HB 599-- Appeals; postconviction DNA testing; procedure .................... 736, 838, 1269, 2116
HB 600-- Berrien County; magistrate court; additional magistrate.... 736, 838, 892, 894, 1768
HB 601-- Annexation; unincorporated islands; objections.................................. 736, 838
HB 602-- Cobb County; chief magistrate; compensation................... 736, 838, 892, 894, 2732
HB 603-- Substance Abuse and Crime Prevention Act; enact ............................ 737, 838
HB 604-- Telephone service; collect long distance calls; required announcement ............................................................................ 737, 838, 1633
HB 605-- Controlled substances; attempt or conspiracy to commit offense; sentence.................................................................................. 737, 838
HB 606-- Teachers Retirement; prior service; definition .................................... 738, 838
HB 607-- Employees' Retirement; group term life insurance; definition.............................................................................................. 738, 838
HB 608-- Teachers Retirement; vested after 5 years' service .............................. 738, 838
HB 609-- Employees' Retirement; vested after 5 years' service.......................... 738, 838
HB 610-- Motor vehicles; registration; proof of insurance ....................... 830, 891, 1034
HB 611-- License plates; disabled veteran; vehicle owned by certain trust .......................................................................................... 830, 891
HB 612-- Sheriffs; change qualifications .................................................. 830, 891, 1525
HB 613-- Parking permits; certain transporters of persons with disabilities ............................................................................................ 831, 891
HB 614-- Correctional institutions; housing certain inmates; reimbursement .......................................................................... 831, 891, 1583, 1930
HB 615-- Teachers Retirement; 5 years' service; vested benefit ......................... 831, 891
HB 616-- Drivers' licenses; certain out-of-state applicants; on-theroad driving test not required.................................................... 831, 891, 1525, 2348, 2931, 3164, 3272, 3283, 3291, 4006
HB 617-- Clinical perfusionist licensure; provisional licenses.................. 832, 891, 1632
HB 618-- Magistrates Retirement Fund; create ................................................... 832, 891

4270

INDEX

HB 619-- Accident and sickness insurance; franchise group plan; provisions.................................................................................. 832, 891, 1524, 1960, 2927, 3093
HB 620-- Drivers' licenses; revocation; destruction of surrendered licenses....................................................................................... 833, 891, 1525
HB 621-- State Financing and Investment Commission and Environmental Facilities Authority; amend.............................. 833, 891, 1063, 1657, 3999
HB 622-- Nonpartisan elections of local officers; additional officers ................................................................................................. 833, 891
HB 623-- Bartow County; board of education; vacancies .................. 833, 891, 922, 929, 2738, 2985
HB 624-- Teachers Retirement; postretirement benefit increase......................... 834, 891
HB 625-- Professsional counselors; foreign born, English speaking; temporary licenses ............................................................... 834, 891
HB 626-- Ad valorem tax; motor vehicles; exempt veterans organizations............................................................................... 834, 891, 891, 1526, 1809
HB 627-- State government; phones; prohibit certain voice mail use .....................................................................................835, 891, 1270, 1697
HB 628-- Occupational regulation legislative review; amend provisions..........................................................................835, 891, 1736, 1946
HB 629-- General Assembly; eligibility to prefile bills and resolutions............................................................................................ 836, 891
HB 630-- Special license plates; Choose Life, Inc. ............................................. 836, 891
HB 631-- Municipal utility accounts; collection; statute of limitations ............................................................................................ 836, 891
HB 632-- GEMA; state government safety plans; exemptions ................. 836, 891, 1525
HB 633-- Labor and industrial relations; unlawful discriminatory practices; prohibit ................................................................................ 837, 891
HB 634-- Contact lenses; comprehensive revision of provisions........................ 837, 891
HB 635-- Richmond County and City of Augusta; commission; votes ..................................................................................................... 837, 891
HB 636-- Vehicles and loads; excess weight; penalties ............................ 886, 922, 1547
HB 637-- Darien, City of; council districts; elections .............................. 887, 922, 1035, 1036, 1768
HB 638-- State benefits plans; include employees of critical access hospitals, federally qualified health centers, and community service boards ........................................................ 887, 922, 1063, 1517, 3482, 3853
HB 639-- Magistrates and chief magistrate; nonpartisan elections ........... 887, 922, 1523

INDEX

4271

HB 640-- House; reapportion districts 132, 134, 135, 136, 137, 138, 139, 141 ....................................................................................... 888, 922
HB 641-- Bona fide conservation use property; additional ownership qualifications ...................................................................... 888, 922
HB 642-- Congressional districts; amend provisions .......................................... 888, 922
HB 643-- House districts; amend provisions ....................................................... 889, 922
HB 644-- Poultry production contracts; regulate................................................. 889, 922
HB 645-- Alcoholic beverages; redefine malt beverage...................889, 922, 1526, 2310
HB 646-- Cobb County; expenditures; repeal certain referendum provision ................................................................................... 889, 922, 1035, 1037, 2820
HB 647-- Supplemental appropriation; Department of Labor........................... 913, 1033
HB 648-- Poultry production contracts; regulate..................................... 914, 1033, 1452
HB 649-- Columbus county-wide government; probate court judge; compensation ............................................................... 914, 1033, 1077, 1078, 2820
HB 650-- Smithville, City of; mayor and council; staggered terms ....... 914, 1033, 1077, 1079, 2732
HB 651-- DUI; refusal to submit to chemical testing; create offense................................................................................................ 915, 1033
HB 652-- Polk County; board of education; election ............................. 915, 1033, 1077, 1079, 1888
HB 653-- Cigarettes and tobacco products; prohibit possession by minors ................................................................................................ 915, 1033
HB 654-- Tax sales; redemption of property; personal service of certain notice............................................................................ 916, 1033, 1526
HB 655-- Juvenile court; jurisdiction; temporary child support for deprived child .................................................................................... 916, 1033
HB 656-- Consumer reporting agencies; notification; certain inquiries ............................................................................................. 916, 1033
HB 657-- Spalding County; change board of elections to board of elections and registration ........................................................ 916, 1033, 1077, 1079, 2484
HB 658-- New counties; procedures for creating; County Formation Review Commission ........................................................ 917, 1033
HB 659-- Cobb County; tax commissioner; employees' compensation .......................................................................... 917, 1033, 1077, 1080, 2732
HB 660-- Troup County; board of education; nonpartisan elections .................................................................................. 917, 1033, 1077, 1083, 2732

4272

INDEX

HB 661-- DeKalb County; homestead exemption; base year assessed value ......................................................................... 918, 1033, 1077, 1084
HB 662-- DeKalb County; homestead exemption; base year assessed value ......................................................................... 918, 1033, 1077, 1084
HB 663-- Braselton, Town of; new charter ............................................ 918, 1033, 1853, 1856, 2821
HB 664-- Electric power plants; remove power of eminent domain ............................................................................................... 918, 1033
HB 665-- Lowndes County; education districts; reapportion ................. 919, 1033, 1077, 1080, 2733
HB 666-- Local governments; financial transactions; annual audits....................................................................................... 919, 1033, 1270, 1927
HB 667-- Quitman County; homestead exemption; certain residents .................................................................................. 919, 1033, 1077, 1086
HB 668-- Early County; state court; terms ............................................. 919, 1033, 1077, 1080, 2821
HB 669-- Clay County; homestead exemption; certain residents........... 920, 1033, 1077, 1086
HB 670-- Juvenile proceedings; youthful offenders; amend provisions................................................................................ 920, 1033, 1850, 2379
HB 671-- Eminent domain; electric transmission line; prohibit; exception............................................................................................ 920, 1033
HB 672-- Timber harvesting operations; local regulation; limit effect ................................................................................................ 1027, 1075
HB 673-- City of LaGrange Gas Authority; create............................... 1028, 1075, 1471, 1472, 2733
HB 674-- Fannin County; board of commissioners; staggered terms...................................................................................... 1028, 1075, 1271, 1273, 2733
HB 675-- Judicial vacancies; appointment by governor; prohibition; exemption..................................................................... 1028, 1075
HB 676-- Motor vehicle emissions inspections; remote sensing technology; create fund.................................................................... 1028, 1075
HB 677-- Income tax refund; setoff debt; probation fees and restitution orders .................................................................... 1029, 1075, 2446
HB 678-- Drivers' licenses; certain suspension; law enforcement officer's legal representation ............................................................ 1029, 1075

INDEX

4273

HB 679-- Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability ................................. 1029, 1075
HB 680-- Check cashing businesses; licensure; change certain exemption.............................................................................. 1030, 1075, 1526, 1819, 3288
HB 681-- Atlanta Independent School System; continue under control of Atlanta Board of Education............................................. 1030, 1075
HB 682-- Lumpkin County; board of elections and registration; create ..................................................................................... 1030, 1075, 1271, 1273, 2821
HB 683-- Traffic violations bureaus; prosecution of certain misdemeanor offenses............................................................ 1031, 1075, 1525
HB 684-- Rabun County; board of commissioners; amend provisions.............................................................................. 1031, 1075, 1471, 1473, 2733
HB 685-- License plates and special plates; placement on vehicle ................. 1068, 1265
HB 686-- Interest and usury; commercial accounts; maximum rate...... 1068, 1265, 1279
HB 687-- Cobb County-Marietta Water Authority; amend provisions......................................................................................... 1068, 1265
HB 688-- Vehicle Protection Product Act; enact.................................. 1068, 1265, 1525, 2110, 2931, 3083
HB 689-- Revenue bonds; redefine undertaking; remove certain referendum requirement........................................................ 1069, 1265, 1558, 2156. 2427
HB 690-- Cobb County; state court clerk and chief deputy; compensation ........................................................................ 1069, 1265, 1471, 1473, 2733
HB 691-- Cobb County; sheriff's employees; compensation................ 1069, 1265, 1471, 1473, 2733
HB 692-- Moultrie, City of; council; reapportion................................. 1070, 1265, 1471, 1474, 2484
HB 693-- Kennesaw, City of; corporate limits ..................................... 1070, 1265, 1548, 1549, 3327
HB 694-- Cartersville Building Authority; create ................................ 1070, 1265, 1471, 1474, 3327
HB 695-- Dougherty County; tax commissioner; collecting school taxes ...................................................................................... 1070, 1265, 1471, 1474, 2734
HB 696-- Ad valorem tax exemption; recreational boats; $75,000 of assessed value.............................................................................. 1071, 1265
HB 697-- Managed health care plans; right to independent review; include state employees ........................................................ 1071, 1265, 1524, 1701

4274

INDEX

HB 698-- Cobb Judicial Circuit; judges; supplement ........................... 1071, 1265, 1471, 1475, 2734
HB 699-- Dougherty County; board of commissioners; clerk.............. 1071, 1265, 1471, 1475, 2734
HB 700-- Surgical or medical treatment; mental patients; representative give consent.................................................... 1072, 1265, 1265
HB 701-- Independence Plus Act; enact .......................................................... 1072, 1265
HB 702-- Cobb County; education districts; reapportion ..................... 1073, 1265, 1471, 1476, 2821
HB 703-- Open records; exemption; public water supply systems or sewage systems............................................................................ 1073, 1265
HB 704-- Bibb County; education districts; reapportion...................... 1073, 1265, 1471, 1476, 2734
HB 705-- Public roads; erection of sign without permit; $500 fine ................ 1074, 1265
HB 706-- HOPE scholarships; eligibility; amend provisions .......................... 1254, 1468
HB 707-- Elbert County; probate judge; nonpartisan election ............. 1255, 1468, 1548, 1551, 2734
HB 708-- Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation................................................................. 1245, 1265, 1840, 2322
HB 709-- Local sales taxes; limitation; certain exclusions................... 1246, 1265, 1738, 2333
HB 710-- Long County; board of education; compensation................. 1255, 1468, 1548, 1550, 2735
HB 711-- Reckless conduct against peace or correctional officer; HIV or hepatitis infected person...................................................... 1255, 1468
HB 712-- Colleges and technical schools; textbooks in electronic format............................................................................................... 1256, 1468
HB 713-- Evans County; board of education; nonpartisan elections ................................................................................ 1256, 1468, 1548, 1551, 2821
HB 714-- Local code enforcement; repeat violations; amend provisions............................................................................... 1256, 1468, 2156
HB 715-- Peace Officers' Annuity and Benefit; include certain fraud investigators............................................................................ 1256, 1468
HB 716-- Furnishing alcoholic beverages to persons under 21 without seeing proper identification; rebuttable presumption ..................................................................................... 1074, 1265
HB 717-- Psychologists; authority to prescribe drugs; create psychopharmacological formulary .................................................. 1075, 1265
HB 718-- Martin Luther King, Jr. State Holiday Commission; create ...................................................................................... 1257, 1468, 1987

INDEX

4275

HB 719-- Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices................................................................... 1246, 1265, 1582, 2122, 3665, 3914
HB 720-- Family violence battery; define conviction ..................................... 1246, 1265
HB 721-- Health insurance identification cards; prohibit showing social security number .......................................................... 1247, 1265, 1524, 1733, 3289
HB 722-- Domestic relations; temporary protective orders; duration ................................................................................. 1247, 1265, 1840, 2162, 3284, 3523
HB 723-- Elections; petition candidates; notification of requirements..................................................................................... 1247, 1265
HB 724-- Timber harvesting operations; local regulation; limitations .............................................................................. 1257, 1468, 1735
HB 725-- State, local governments, local boards of education; timely payment of goods and services................................... 1247, 1265, 1267
HB 726-- Professional engineers and land surveyors; redefine land surveying....................................................................... 1248, 1265, 1632, 2326, 2929
HB 727-- River and harbor development; disposal of sand and sediment ........................................................................................... 1248, 1265
HB 728-- Downtown Statesboro Development Authority District; boundaries............................................................................. 1257, 1468, 2720, 2724, 3327
HB 729-- Elections; superior court clerks; nonpartisan................................... 1257, 1468
HB 730-- Dacula, City of; amend charter ............................................. 1258, 1468, 1548, 1550, 2821
HB 731-- Unemployment benefits; additional ground for disqualification................................................................................. 1258, 1468
HB 732-- State flag; change design ....................................................... 1258, 1468, 1468
HB 733-- Unclaimed property; disposition; unpaid wages deemed abandoned .............................................................................. 1259, 1468, 2040
HB 734-- Newborn, Town of; new charter ........................................... 1259, 1468, 1548, 1550, 2821
HB 735-- Supplemental appropriation; Department of Labor.............. 1259, 1468, 1633, 2313, 4000
HB 736-- Ad valorem tax assessments; periods of limitation ............... 1260, 1468, 1738
HB 737-- Purchasing property at tax sales; registration of business................ 1260, 1468
HB 738-- Atlanta, City of; traffic court; additional penalties.......................... 1260, 1468
HB 739-- Judges of the Probate Courts Retirement; designated surviving beneficiary ....................................................................... 1261, 1468

4276

INDEX

HB 740-- Juvenile traffic offenses; jurisdiction; remove from juvenile court ................................................................................... 1261, 1468
HB 741-- Inmate transfers; limitations on requests ......................................... 1261, 1468
HB 742-- Private prisons; regulation; provisions ............................................ 1262, 1468
HB 743-- Motor vehicles; certain records; subject to Driver's Privacy Protection Act ..................................................................... 1262, 1468
HB 744-- Unclaimed property; disposition of unpaid wages; change provisions .................................................................. 1262, 1468, 2040
HB 745-- MARTA; certain Board members; voting power ............................ 1262, 1468
HB 746-- Employees' Retirement; forfeited leave; include from prior service ..................................................................................... 1263, 1468
HB 747-- Eggs; labeling; provisions concerning expiration dates .................. 1263, 1468
HB 748-- Enterprise zones; additional qualifying businesses and services; enforcement of local codes; certain limitation ...... 1263, 1468, 1738, 1985, 3483, 3857, 4001
HB 749-- Alimony; length of time and amount; effect of remarriage ........................................................................................ 1457, 1544
HB 750-- Stockbridge, City of; elected officials; service on boards, commissions, and authorities ................................... 1457, 1544, 1634, 1635, 2822
HB 751-- Drivers' licenses; reduced fees for organ donors; eliminate........................................................................................... 1457, 1544
HB 752-- Elections; on-site absentee voting; provisions................................. 1457, 1544
HB 753-- Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit ......................... 1458, 1544
HB 754-- Dawson County; homestead exemptions; certain residents ................................................................................ 1458, 1544, 1634, 1638, 2822
HB 755-- American Indian tribes; recognize RedNation of Cherokee New Echota Band ............................................................ 1459, 1544
HB 756-- Liberty County; board of elections and registration; create; repeal certain Act ...................................................... 1459, 1544, 1634, 1635, 2819, 2890
HB 757-- Eggs; labeling information; expiration dates........................ 1459, 1544, 1735, 2419, 2929
HB 758-- Garnishment; filing costs or fees; prohibit multiple payments .......................................................................................... 1459, 1544
HB 759-- Varnell, City of; corporate boundaries ................................. 1460, 1544, 1853, 1876, 2822
HB 760-- Advisory committee on hearing in newborn infants; continuation ..................................................................................... 1460, 1544

INDEX

4277

HB 761-- School counselors; national certification; salary increase .................................................................................. 1460, 1544, 1756
HB 762-- Landlord and tenant; tenant's goods; landlord's responsibility.................................................................................... 1460, 1544
HB 763-- Commercial driveways; permits; certain school bus loading areas .................................................................................... 1461, 1544
HB 764-- DeKalb County; certain arrests; cash deposit in lieu of bond ...................................................................................... 1461, 1544, 1634, 1636, 2822
HB 765-- Harris County; board of education; nonpartisan elections ................................................................................ 1461, 1544, 1634, 1636, 2822
HB 766-- Revenue bonds; issuance of obligations; amend provisions......................................................................................... 1462, 1544
HB 767-- Traffic violations; disposition; amend; suspension of license .............................................................................................. 1462, 1544
HB 768-- Marion County; education districts; reapportion.................. 1462, 1544, 1634, 1636, 2823
HB 769-- Property sold for taxes; foreclosure; right of redemption................ 1463, 1544
HB 770-- Indigent Defense Act; enact; circuit public defenders; mental health advocacy......................................................... 1463, 1544, 1850, 2164, 2738, 2865, 2918, 2947, 3258, 3483, 4006
HB 771-- Ethics in government; amend provisions.............................. 1463, 1544, 1850, 2195, 2933
HB 772-- Bingo games; operation by auxiliary unit of parent organization .......................................................................... 1464, 1544, 1757, 2312
HB 773-- State flag; change design ................................................................. 1465, 1544
HB 774-- Tobacco manufacturers; certain certifications; prohibited sales ...................................................................... 1466, 1544, 1545
HB 775-- Frivolous Litigation Prevention Act; enact...................................... 1467, 1544
HB 776-- Hospital Insurance Authority Act; enact ......................................... 1467, 1544
HB 777-- State depositories; certain letters of credit to secure state funds ............................................................................. 1467, 1544, 1630, 2006
HB 778-- Public transit; buses, rapid rail cars, stations; allow bottled water ......................................................................... 1528, 1623, 1853, 2426
HB 779-- Miller County; probate judge; nonpartisan elections ........... 1528, 1623, 1758, 1759, 2823

4278

INDEX

HB 780-- Lyons, City of; homestead exemption; base year assessed value ....................................................................... 1528, 1623, 1853, 1876, 2611
HB 781-- Clay County; probate judge; nonpartisan elections .............. 1528, 1623, 1758, 1759, 2823
HB 782-- Toombs County; homestead exemption; base year assessed value ....................................................................... 1529, 1623, 1853, 1877, 2518
HB 783-- Vidalia, City of; homestead exemption; base year assessed value ....................................................................... 1529, 1624, 1853, 1877, 2611
HB 784-- Vidalia, City of; homestead exemption; base year assessed value ....................................................................... 1529, 1624, 1853, 1877, 2611
HB 785-- Santa Claus, City of; homestead exemption; base year assessed value ....................................................................... 1529, 1624, 1853, 1877, 2612
HB 786-- Toombs County; homestead exemption; base year assessed value ....................................................................... 1530, 1624, 1853, 1878, 2518
HB 787-- Pelham, City of; municipal officers and board of education............................................................................... 1530, 1624, 1758, 1761, 2612, 2886
HB 788-- Indigent defense; state funds; change distribution criteria .............................................................................................. 1530, 1624
HB 789-- Quitman County; probate judge; nonpartisan elections ....... 1530, 1624, 1758, 1760, 2823
HB 790-- Randolph County; probate judge; nonpartisan elections...... 1531, 1624, 1758, 1760, 2823
HB 791-- State health planning; ambulatory surgical facilities............. 1531, 1624, 2039
HB 792-- Banking and finance, civil practice, state government, torts; civil actions; substantive revisions .............................. 1531, 1624, 1850, 2148, 2927, 2948, 3072, 3274, 3290, 3883, 4006
HB 793-- Disabled persons; identification cards and parking; include persons age 85 or above...................................................... 1531, 1624
HB 794-- Interstate cooperation; include Southern Legislative Conference ............................................................................. 1532, 1624, 2040
HB 795-- Ellijay-Gilmer County; water and sewerage authority; members................................................................................ 1532, 1624, 1758, 1761, 3066, 3130

INDEX

4279

HB 796-- Newton County; board of education; reapportion ................ 1532, 1624, 1758, 1762, 2823
HB 797-- Health; micropigmentation practitioners; licensure......................... 1532, 1624
HB 798-- Vidalia Onion Act; amend provisions .................................. 1533, 1624, 1735, 1941, 2932
HB 799-- Family violence; mutual protective orders; revise prohibition........................................................................................ 1533, 1624
HB 800-- Milledgeville, City of; amend provisions ............................. 1533, 1624, 1758, 1762, 2612
HB 801-- Effingham County; chief magistrate; nonpartisan elections ................................................................................ 1533, 1624, 1853, 1878, 2823
HB 802-- Effingham County; probate judge; nonpartisan elections..... 1534, 1624, 1758, 1760, 3327
HB 803-- Nashville, City of; mayor pro tem; city manager ................. 1534, 1624, 1758, 1763, 2612
HB 804-- Liberty County; civil cases; technology fees........................ 1534, 1624, 1758, 1763, 3326, 3522,
HB 805-- McIntosh County; probate judge; nonpartisan elections ...... 1534, 1624, 1758, 1761, 2735
HB 806-- Consumer Choice of Benefits Health Insurance Plan Act; enact ......................................................................................... 1535, 1624
HB 807-- Open records exemption; public water supply or sewage systems; judicial review in camera ....................................... 1535, 1624, 1624, 1851
HB 808-- School psychologists; national certification; salary increase ............................................................................................ 1536, 1624
HB 809-- Firefighters' Pension; reemployment of retired firefighters........................................................................................ 1536, 1624
HB 810-- Superior court clerks; fees and records; extend sunset dates ................................................................................................. 1536, 1624
HB 811-- Superior court clerks; fees and records; repeal sunset provisions......................................................................................... 1536, 1624
HB 812-- Violating family violence order; define offense; penalties ........................................................................................... 1537, 1624
HB 813-- Driver education for minors; income tax credit............................... 1537, 1624
HB 814-- Hunting; alligators and certain other wildlife; amend regulations.............................................................................. 1537, 1623, 1632
HB 815-- Hunting and fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations ...... 1538, 1623, 1632, 1961, 3289, 3367
HB 816-- Drivers' licenses; acknowledgment of implied consent law.................................................................................................... 1538, 1623

4280

INDEX

HB 817-- Employees' Retirement and Teachers Retirement; unused sick leave; credit .................................................................. 1539, 1623
HB 818-- Law enforcement officers stopping motorists; prohibit race considerations........................................................................... 1539, 1623
HB 819-- Food service establishments; serving tea; requirements.................. 1539, 1624
HB 820-- Jails; certain counties; full-time dispatcher serve as jailer ................................................................................................. 1540, 1624
HB 821-- Municipal courts; pretrial intervention and diversion programs ................................................................................ 1540, 1624, 1840
HB 822-- Farmland Protection Act; enact ....................................................... 1540, 1624
HB 823-- State flag; change design; advisory referendum.................... 1540, 1624, 1626
HB 824-- Sheriff's services; increase certain fees............................................ 1541, 1624
HB 825-- Atkinson County; commissioner districts; reapportion ........ 1541, 1624, 1758, 1763, 2484
HB 826-- Atkinson County; education districts; reapportion ............... 1541, 1624, 1758, 1764, 2612
HB 827-- Open meetings and records; amend provisions .................... 1542, 1624, 1627, 1850
HB 828-- Indigent Defense Act; enact; circuit public defenders..................... 1542, 1624
HB 829-- Selling and trade practices; certain equipment and materials; retention of title............................................................... 1612, 1748
HB 830-- Tattnall County; education districts; reapportion ................. 1612, 1748, 1853, 1879, 2484
HB 831-- Ball Ground, City of; mayor; remove term limits ................ 1612, 1748, 1853, 1879, 2823
HB 832-- Clayton County Commission on Children and Youth; establish ................................................................................ 1612, 1748, 1853, 1880, 2824
HB 833-- Public records; inspection; certain requests to be in writing.............................................................................................. 1613, 1748
HB 834-- Ad valorem tax; motor vehicles; return in county where functionally located.......................................................................... 1613, 1748
HB 835-- Warren County; board of education; nonpartisan elections ................................................................................ 1613, 1748, 1853, 1880, 2824
HB 836-- Hall County; state court; add judge ...................................... 1614, 1748, 1853, 2240, 2824
HB 837-- Cobb County; commissioner districts; reapportion .............. 1614, 1748, 1853, 1884, 3327
HB 838-- Employees' Retirement; certain court administrators; certain service credit ........................................................................ 1614, 1748

INDEX

4281

HB 839-- St. Marys Convention and Visitors Bureau Authority; create ..................................................................................... 1614, 1748, 1853, 1880, 2612
HB 840-- Avondale Estates, City of; redevelopment powers; referendum ............................................................................ 1615, 1748, 1853, 1881, 3064
HB 841-- Upson County; board of elections and registration; create ..................................................................................... 1615, 1748, 1853, 1881, 2735
HB 842-- Tattnall County; commissioner districts; reapportion .......... 1615, 1748, 1853, 1881, 2484
HB 843-- Insurance; health care claims; expedited processing ....................... 1615, 1748
HB 844-- Cigar and cigarette taxes; counterfeit cigarettes; penalties ................................................................................. 1585, 1624, 1628
HB 845-- Hunting deer with dogs; permits; prohibition........................ 1585, 1624, 1632
HB 846-- OCGA; conform references to House and Senate committee names .................................................................. 1586, 1624, 1757, 2334, 3479
HB 847-- Jones County; education districts; reapportion..................... 1616, 1748, 1853, 1881, 2824
HB 848-- Bulloch County; chief magistrate; nonpartisan elections ..... 1616, 1748, 2720, 2723, 3327
HB 849-- Screven County; probate judge; nonpartisan elections......... 1616, 1748, 1853, 1882, 2735
HB 850-- Marion County; board of elections and registration; create ..................................................................................... 1616, 1748, 1853, 1882, 2735
HB 851-- Public road funds; metropolitan planning organizations; formation.......................................................................................... 1617, 1748
HB 852-- Income tax; estimated tax liability payments; increase threshold........................................................................................... 1617, 1748
HB 853-- Banks County; certain homestead exemption; increase ....... 1617, 1748, 1853, 1882, 2735
HB 854-- Banks County; form of government; board of commissioners ...................................................................... 1617, 1748, 1853, 1882, 2824
HB 855-- Dealers' sales tax returns; estimated tax liability payments; increase threshold ........................................................... 1618, 1748
HB 856-- Hampton, City of; elected officials serving on boards; repeal prohibition.................................................................. 1618, 1748, 1853, 2242, 3326, 3382
HB 857-- Hampton, City of; public facilities authority; create ............ 1618, 1748, 1853, 2243, 3326, 3391

4282

INDEX

HB 858-- Traffic law sentences; restrictions on modification; amend............................................................................................... 1609, 1624
HB 859-- Trial juries; peremptory challenges; alternate jurors ....................... 1609, 1624
HB 860-- Economic Development and Fiscal Accountability Act; enact ................................................................................................. 1609, 1624
HB 861-- Abbeville, City of; new charter ............................................ 1618, 1748, 1853, 1883, 2485
HB 862-- Cherokee County; state court; technology fee...................... 1619, 1748, 2468, 2470, 3064
HB 863-- Uniform rules and driver's licenses; probation restrictions........................................................................................ 1619, 1748
HB 864-- Certiorari and appeals; bill of costs; amend provisions................... 1619, 1748
HB 865-- Official Frontier and Southeastern Indian Interpretive Center; designate................................................................... 1619, 1691, 1748, 1749, 2156, 2432
HB 866-- Family and children services; county director; serve in multiple counties................................................................... 1620, 1748, 2038, 2432
HB 867-- Communication service and devices; unlawful access; penalties ........................................................................................... 1622, 1748
HB 868-- Special master; inverse condemnation; provisions.......................... 1623, 1748
HB 869-- Civil filings and criminal fines; additional charges; repeal certain charges....................................................................... 1623, 1748
HB 870-- License to carry pistol; law enforcement officer; no fee ................. 1740, 1846
HB 871-- Paulding County; commissioner districts; reapportion ........ 1740, 1846, 2235, 2238, 2735
HB 872-- Driver's license suspension; noncompliance with child support; reinstatement...................................................................... 1740, 1846
HB 873-- Teachers Retirement; certain non-public school service; credit ................................................................................................ 1741, 1846
HB 874-- Barrow County; commissioner districts; reapportionment corrections ................................................. 1741, 1846, 2235, 2238, 2736
HB 875-- Continuation budget reports; agencies justify programs ................. 1741, 1846
HB 876-- Barrow County; education districts; reapportionment corrections............................................................................. 1741, 1846, 2447, 2448, 2824
HB 877-- Education; certificated professional personnel; regulation ......................................................................................... 1742, 1846
HB 878-- Employees' Retirement; Prosecuting Attorneys' Council members; certain credit.................................................................... 1742, 1846
HB 879-- Violation of certain ordinances; increased jail time ........................ 1742, 1846

INDEX

4283

HB 880-- East Dublin, City of; corporate limits................................... 1743, 1846, 2235, 2238, 2825
HB 881-- Waters unsafe for recreation; EPD director order warning signs ................................................................................... 1743, 1846
HB 882-- Solid waste facilities; permit modification provisions .................... 1743, 1846
HB 883-- Special purpose local option sales tax; levy and debt provisions; referendum .................................................................... 1743, 1846
HB 884-- Grandparents' visitation rights; amend provisions........................... 1744, 1846
HB 885-- Nondiscrimination Act of 2003; enact............................................. 1690, 1748
HB 886-- Airports receiving state financial assistance; certain repayment......................................................................................... 1690, 1748
HB 887-- Civil actions; certain settlement differential; reasonable costs ................................................................................................. 1744, 1846
HB 888-- McDuffie County; probate judge; nonpartisan elections...... 1744, 1846, 2235, 2239, 3328
HB 889-- Natural gas competition and deregulation; regulated providers; amend provisions............................................................ 1744, 1846
HB 890-- Tyrone, Town of; mayor and council; terms ........................ 1745, 1846, 2235, 2239, 3328
HB 891-- Bona fide coin operated amusement machines; regulation ............................................................................... 1730, 1748, 1852
HB 892-- Adult offenders; transference of supervision; fee............................ 1730, 1748
HB 893-- Tobacco product manufacturers; certification; prohibit sale of certain cigarettes........................................................ 1730, 1748, 1750, 1852, 2338, 2926
HB 894-- Cigarettes and tobacco products; sales, etc. to minors; amend provisions ................................................................... 1731, 1748, 1751
HB 895-- Rock quarries; licensing and regulation by local governments..................................................................................... 1732, 1748
HB 896-- Lowndes County; board of commissioners; reapportion...... 1745, 1846, 2235, 2240, 2825
HB 897-- General Assembly members; salary; four equal monthly payments .......................................................................................... 1753, 1846
HB 898-- State Flag Design Commission; create .................................. 1753, 1846, 1847
HB 899-- State flag; prohibit certain symbols; exception ..................... 1754, 1846, 1848
HB 900-- Schools; local boards; adopt truancy policy .................................... 1754, 1846
HB 901-- Special license plates; administrative process; applications ...................................................................................... 1755, 1846
HB 902-- Special license plates; colleges or universities; amend provisions......................................................................................... 1755, 1846
HB 903-- Open records; exemption; certain personal information ...... 1755, 1846, 1987, 2424

4284

INDEX

HB 904-- Screven County; chief magistrate; nonpartisan elections..... 1842, 2234, 2447, 2448, 2825
HB 905-- Juvenile proceedings; redefine "child" ............................................ 1842, 2234
HB 906-- Certain counties; certain limitation on annexation; repeal................................................................................................ 1842, 2234
HB 907-- Pooler, City of; mayor; city manager ................................... 1843, 2234, 2447, 2448, 3065
HB 908-- Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit......................................................... 1843, 2234
HB 909-- Cobb County; board of commissioners; compensation........ 1843, 2234, 2447, 2449
HB 910-- Lavonia, City of; corporate limits......................................... 1844, 2234, 2447, 2449, 2825
HB 911-- Georgia War Veterans Nursing Home Trust Fund; create; special license plates ............................................................ 1844, 2234
HB 912-- Morgan, City of; new charter................................................ 1844, 2234, 2721, 2724, 3330
HB 913-- Macon County; board of elections and registration; create ..................................................................................... 1844, 2234, 2447, 2449, 2825
HB 914-- Employees' Retirement; reduced retirement allowance and partial lump sum payment......................................................... 2222, 2445
HB 915-- Whitfield County; homestead exemption; certain residents ................................................................................ 2223, 2445, 2468, 2470, 2825
HB 916-- Gateway Regional Information Center, Inc.; Cobb County public rest stops........................................................ 2223, 2445, 2468, 2475
HB 917-- Teachers Retirement; reduced retirement allowance plus lump sum payment ................................................................... 2223, 2445
HB 918-- Bonds and recognizances; remove court's discretion for certain persons ................................................................................. 2224, 2445
HB 919-- Columbia County; coroner; compensation ........................... 2224, 2445, 2469, 2470
HB 920-- Hart County; education districts; reapportion....................... 2224, 2445, 2469, 2470, 2825
HB 921-- Hart County; commissioner districts; reapportion................ 2224, 2445, 2469, 2471, 2826
HB 922-- Athens-Clarke County; certain officers; nonpartisan elections ................................................................................ 2225, 2445, 2469, 2476, 2826
HB 923-- Judicial Retirement; certain local membership; transfer; service credit .................................................................................... 2225, 2445

INDEX

4285

HB 924-- Stewart County; probate judge; nonpartisan elections ......... 2225, 2445, 2469, 2478, 2826
HB 925-- Early County; probate judge; nonpartisan elections............. 2225, 2445, 2469, 2478, 2826
HB 926-- Calhoun County; probate judge; nonpartisan elections........ 2226, 2445, 2469, 2478, 2826
HB 927-- Coweta County; board of elections; provisions.................... 2226, 2445, 2468, 2471, 2826
HB 928-- Fulton County; homestead exemption; base year assessed value ....................................................................... 2226, 2445, 2721, 2724
HB 929-- Fulton County; homestead exemption; base year assessed value ....................................................................... 2226, 2445, 2721, 2725
HB 930-- Local boards of education; establish start date of school year................................................................................................... 2227, 2445
HB 931-- Mentally retarded; habilitation; designated representatives; guardian ad litem ................................................... 2227, 2445
HB 932-- Forsyth County; board of registrations and elections; chairperson's compensation .................................................. 2227, 2445, 2812, 2813
HB 933-- Judicial Retirement; certain prior county service; credit................. 2227, 2445
HB 934-- Lottery for education; proceeds; compensation to retailers............................................................................................. 1845, 2234
HB 935-- Advisory committee on seniors and prescription drug costs; establish ................................................................................. 2228, 2445
HB 936-- Screven County; public facilities authority; create............... 2228, 2445, 2468, 2471, 2826
HB 937-- African Affairs Commission; create ................................................ 2228, 2445
HB 938-- Oconee County; public facilities authority; create ............... 2229, 2445, 2468, 2472, 2826
HB 939-- Locust Grove, City of; elected officials; members of boards, commissions, and authorities ................................... 2229, 2445, 2469, 2472, 2916
HB 940-- Sale City, City of; new charter ............................................. 2229, 2445, 2469, 2472, 3065
HB 941-- Liens; treatment, board, or care of animals; change provisions......................................................................................... 2229, 2445
HB 942-- Atlanta, City of; municipal court; penalties; use of funds...................................................................................... 1845, 2234, 2812, 2813, 3328

4286

INDEX

HB 943-- Atlanta, City of; state court; additional penalties; use of funds...................................................................................... 1846, 2234, 2812, 2813
HB 944-- Liberty County; public facilities authority; create................ 2230, 2445, 2469, 2472, 2827
HB 945-- Alpharetta, City of; municipal court; amend provisions ...... 2230, 2445, 2512, 2513, 3065
HB 946-- Eastman, City of; corporate limits ........................................ 2437, 2467, 2512, 2514, 3065
HB 947-- Commerce, City of; council and school districts; reapportion ............................................................................ 2437, 2467, 2599, 2600, 3481
HB 948-- Jefferson, City of; levy tax for school system ...................... 2437, 2467, 2721, 2725, 3328
HB 949-- McIntosh County; education districts; reapportion .............. 2437, 2467, 2512, 2514
HB 950-- Motor vehicles abandoned on public property; removal by peace officer................................................................................ 2438, 2467
HB 951-- Septic tank waste; counties provide for disposal............................. 2438, 2467
HB 952-- Bacon County; probate judge; nonpartisan elections ........... 2438, 2467, 2512, 2516, 3065
HB 953-- Driver education; requirements; provisions..................................... 2438, 2467
HB 954-- Prosecution costs; include certain transportation cost ..................... 2439, 2467
HB 955-- Interstate Compact for Juveniles; enact........................................... 2439, 2467
HB 956-- Dodge County; education districts; reapportion ................... 2439, 2467, 2512, 2515, 3065
HB 957-- Telfair County; governing authority; amend provisions ...... 2440, 2467, 3070, 3114
HB 958-- Lee County; reimbursement for collecting school taxes ...... 2233, 2445, 2469, 2473, 2827
HB 959-- Chattahoochee County; sheriff; vacancy .............................. 2233, 2445, 2469, 2473, 2827
HB 960-- Perry Industrial Building Authority; repeal constitutional amendment creating ....................................... 2234, 2445, 2469, 2473
HB 961-- Income tax credit; qualified broadband equipment ......................... 2440, 2467
HB 962-- Education; students under age 16; prohibit permanent expulsion.......................................................................................... 2440, 2467
HB 963-- Quiet reflection in schools; clarification; silent prayer or meditation ........................................................................................ 2440, 2467
HB 964-- Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets ............................. 2441, 2467

INDEX

4287

HB 965-- Property owners' associations; owners; right of access to records.......................................................................................... 2441, 2467
HB 966-- Motor vehicles; safety restraints for children; change provisions......................................................................................... 2441, 2467
HB 967-- Buford, City of; new charter ................................................. 2442, 2467, 2812, 2814, 3328
HB 968-- Correctional institutions; inmate accounts; certain deductions ........................................................................................ 2442, 2467
HB 969-- Sandy Springs, City of; incorporate; new charter............................ 2442, 2467
HB 970-- Laurens County; board of education; elections .................... 2442, 2467, 2512, 2514, 3065
HB 971-- Gordon, City of; removal of city officer; required votes...... 2443, 2467, 2512, 2515, 3066
HB 972-- Flexible Health Benefit Plan Act; enact .......................................... 2443, 2467
HB 973-- Alma, City of; council districts; reapportion ........................ 2443, 2467, 2512, 2516, 3066
HB 974-- Jackson County; airport authority; amend provisions .......... 2465, 2511, 2599, 2600, 3066
HB 975-- Fulton County School Employees Pension; cost-ofliving increases ...................................................................... 2465, 2511, 3162
HB 976-- Judicial Retirement; certain judges; transfer from Employees' Retirement .................................................................... 2465, 2511
HB 977-- Children and youth; day-care employees; require first aid and CPR training........................................................................ 2465, 2511
HB 978-- Lottery for education; proceeds; compensation to retailers................................................................................... 2466, 2511, 2511
HB 979-- Jones County; commissioner districts; reapportion.............. 2466, 2511, 2599, 2601, 3328
HB 980-- Dentistry, State Board of; add additional dental hygienist........................................................................................... 2507, 2598
HB 981-- Contact lenses; sales or dispensing; comprehensive revision of provisions....................................................................... 2508, 2598
HB 982-- Cobb County; probate court clerk; compensation ................ 2508, 2598, 2812, 2814, 3328
HB 983-- Gainesville, City of; education districts; reapportion ........... 2508, 2598, 2721, 2725, 3329
HB 984-- Income tax credits; certain counties; telecommunications ......................................................................... 2509, 2598
HB 985-- Education; joint enrollment; certain private schools and home study programs....................................................................... 2509, 2598
HB 986-- Engineer-in-training and land surveyor-in-training; certification requirements ................................................................ 2509, 2598

4288

INDEX

HB 987-- Macon, City of; board of water commissioners; amend pension plan ........................................................................... 2593, 2716, 3162
HB 988-- Macon, City of; water authority; political subdivision of state ....................................................................................... 2594, 2716, 2943, 2944, 3329
HB 989-- Savannah, City of; corporate limits ................................................. 2510, 2598
HB 990-- Bondsmen relying on accuracy of certain records; immunity.......................................................................................... 2510, 2598
HB 991-- Covington, City of; corporate limits..................................... 2510, 2598, 2720, 2726, 3329
HB 992-- On-site sewage management systems; Department of Human Resources adopt statewide regulations ............................... 2594, 2716
HB 993-- Income tax credit; certain pharmaceutical companies..................... 2594, 2716
HB 994-- Special grand juries; certain counties and consolidated governments; amend ........................................................................ 2595, 2716
HB 995-- Courts; certain clerks; continuing education ................................... 2595, 2716
HB 996-- Johnson County; board of commissioners; staggered terms...................................................................................... 2595, 2716, 2943, 2945, 3329
HB 997-- Douglasville, City of; smoking in public places; nonbinding referendum......................................................... 2595, 2716, 2943, 2945, 3329
HB 998-- Colquitt County; chief magistrate; nonpartisan elections..... 2596, 2716, 2943, 2944, 3329
HB 999-- Bloomingdale, City of; corporate limits .......................................... 2596, 2716
HB 1000-- Chatham County; hospital authority; board members .......... 2597, 2716, 3070, 3125, 3330
HB 1001-- Unemployment benefits; eligibility; employee leasing companies, etc.................................................................................. 2714, 2942
HB 1002-- Counties and municipalities; agencies assisting refugees; certain reports................................................................... 2715, 2942
HB 1003-- Residential and General Contractors, State Licensing Board; create .................................................................................... 2715, 2942
HB 1004-- Northwest Georgia Trade and Convention Center Authority; create ................................................................... 2715, 2942, 3307, 3309, 3482
HB 1005-- Sheriffs' Retirement; certain retirees; return to service ................... 2716, 2942
HB 1006-- Bonds and recognizances; appearance bonds; judgments................ 2936, 3305
HB 1007-- Bonds and recognizances; sureties and forfeitures; amend provisions ............................................................................. 2936, 3305
HB 1008-- Surgical assistants; licensure; Composite State Board of Medical Examiners .......................................................................... 2936, 3305

INDEX

4289

HB 1009-- Contracts; public works; prohibit certain requirement .................... 2936, 3305
HB 1010-- Carrying weapon without license; prohibit; exception to prohibition.............................................................................. 2937, 3305, 3306
HB 1011-- HOPE scholarships; eligibility; schools with certain accreditation..................................................................................... 2937, 3305
HB 1012-- Accident and sickness insurance; group policies; infertility coverage........................................................................... 2938, 3305
HB 1013-- Education; elementary and middle school students; daily break........................................................................................ 2938, 3305
HB 1014-- Stone Mountain Memorial Association; members; requirements..................................................................................... 2938, 3305
HB 1015-- Drivers' licenses; priority service at centers .................................... 2939, 3305
HB 1016-- Physician's assistants; handling of professional samples ................ 2939, 3305
HB 1017-- Rockmart, City of; new charter ....................................................... 2939, 3305
HB 1018-- Georgia Arbitration Code; applicability; home builder's warranty ..................................................................................................... 3296
HB 1019-- Sunshine in Litigation Act; enact .............................................................. 3297
HB 1020-- Access to Postsecondary Education Instructional Material Act; enact..................................................................................... 3297
HB 1021-- Irwin County; commissioner districts; reapportion ................................... 3297
HB 1022-- Trains; operation, whistles, lights; remove certain provisions................................................................................................... 3298
HB 1023-- Drivers' licenses; suspension; minors; controlled substance violation..................................................................................... 3298
HB 1024-- Cosmetology; persons authorized to study; lower age from 17 to 16.............................................................................................. 3298
HB 1025-- Juvenile proceedings; sibling group placement and visitation; amend provisions ...................................................................... 3298
HB 1026-- Public officers and employees; certain property and records; preservation.................................................................................. 3299
HB 1027-- Peace Officers' Annuity and Benefit; creditable service for certain prior service.................................................................... 2941, 3305
HB 1028-- Georgia Hospital Insurance Authority; create ........................................... 3299
HB 1029-- Hotel-motel tax; define certain convention and bureau authorities......................................................................................... 2941, 3305
HB 1030-- Treasury and Fiscal Services, Office of; revenue enhancement fund ...................................................................................... 3299
HB 1031-- Annexation; effective date; declaratory judgment provisions................................................................................................... 3300
HB 1032-- Annexation; 60 percent method; best interest determination ............................................................................................. 3300
HB 1033-- Assisted living facilities; Levels I and II; provisions ................................ 3300

4290

INDEX

HB 1034-- Employees' Retirement; disability benefits; maximum compensation ............................................................................................. 3301
HB 1035-- Uniform rules; leaving child unattended in car; fine ................................. 3301
HB 1036-- Superior Court Clerks' Retirement; 8 years' service; benefits....................................................................................................... 3301
HB 1037-- Roofing contractors; regulation ................................................................. 3302
HB 1038-- Health Insurance Risk Pool; create; alternative mechanism coverage.................................................................................. 3302
HB 1039-- Optometrists; certain medications for the eye; authority to prescribe................................................................................................. 3302
HB 1040-- State Planning for Increased Community Access Act; enact ........................................................................................................... 3302
HB 1041-- Special license plates honoring Masons; revenue provisions................................................................................................... 3303
HB 1042-- School Pesticide Act; enact; regulations.................................................... 3303
HB 1043-- Insurance; certain notices; certified mail or statutory overnight delivery ...................................................................................... 3303
HB 1044-- Cochran, City of; corporate boundaries..................................................... 3304

PART III
HOUSE RESOLUTIONS
HR 1-- State flag; change design - CA .............................................................. 82, 107 HR 2-- Residential real property; freeze values; ad valorem tax;
assess at acquisition date value - CA..................................................... 83, 107 HR 3-- Teacher salary supplements; certain donations - CA ............................ 83, 107 HR 4-- Ad valorem tax; limit increase of millage rate and
property value - CA ............................................................................... 83, 107 HR 5-- Ad valorem tax; limit increase of millage rate and
property value - CA ............................................................................... 83, 107 HR 6-- Ad valorem tax; limit increase of millage rate and
property value - CA ............................................................................... 84, 107 HR 7-- Ad valorem tax; millage rate or valuation increases;
limitations - CA ....................................................................................... 60, 84 HR 8-- Ad valorem tax; millage rate or valuation increases;
limitations - CA ....................................................................................... 60, 84 HR 9-- Notify Senate; House convened..................................................................... 32 HR 10-- House; relative to officials, employees, and committees .............................. 33 HR 11-- Rules of House; adopt.................................................................................... 37 HR 12-- Joint session; Governor's message........................................................... 61, 64 HR 13-- Fincher, Elizabeth "Liz"; commend............................................................... 62 HR 14-- Putnam General Hospital; commend administrator,
board, and staff .............................................................................................. 63 HR 15-- Atlantic Intracoastal Waterway Association; commend ............................... 63 HR 16-- Brown, James Loyce, Sr.; condolences ......................................................... 63 HR 17-- Knight, Rev. Jerry; commend ........................................................................ 63 HR 18-- Davis, Robert R.; condolences....................................................................... 63 HR 19-- Johnson, Lorraine A.; commend.................................................................... 63 HR 20-- Waters, Michael David; commend ................................................................ 63 HR 21-- Bona fide agricultural property; preferential assessment;
additional forms - CA .................................................................... 84, 107, 673 HR 22-- Homestead exemption; state-wide base year assessed
value - CA............................................................................................ 105, 125 HR 23-- Children of deceased POST officers; urge free college
tuition ................................................................................................... 105, 125 HR 24-- Joint Study Committee on State Government
Decentralization; create ......................................................................... 84, 107

4292

INDEX

HR 25-- Robert Henry Jordan Memorial Highway; designate ......... 105, 125, 576, 622, 3066
HR 26-- Children of certain officers; tuition-free college; General Assembly provide by law - CA.............................................. 105, 125
HR 27-- USA as Judeo-Christian nation; urge Congress reaffirm .................... 106, 125 HR 28-- Sonny Kemp Intersection; designate in Hall County ....... 106, 125, 841, 1093,
3067 HR 29-- J. Max Davis Interchange; designate ................................. 106, 125, 841, 1044 HR 30-- Carter, Honorable James Earl "Jimmy", Jr.; commend
and invite to House ...................................................................................... 110 HR 31-- Adjournment; relative to...................................................................... 110, 130 HR 32-- Joint session; message from Chief Justice of Supreme
Court ............................................................................................ 111, 130, 244 HR 33-- Baisley, Bill; commend................................................................................ 113 HR 34-- Georgia urban agricultural industry; commend........................................... 113 HR 35-- Transylvania Club of Sandersville, Georgia; commend.............................. 113 HR 36-- Huefner, Robert; 2002 Wendy's High School Heisman
Award; commend......................................................................................... 113 HR 37-- Meadows, Frances; condolences ................................................................. 113 HR 38-- Waldrip, Don; condolences ......................................................................... 114 HR 39-- Smithgall, Charles Augustus, Jr.; condolences............................................ 114 HR 40-- Police chiefs and department heads; observe day of
recognition, 3/12/03 ..................................................................................... 114 HR 41-- Weigand, A. Frank, Jr.; condolences........................................................... 114 HR 42-- Tillman, Honorable E. C.; commend........................................................... 114 HR 43-- Education funding; repeal ad valorem tax; impose
excise tax on motor fuel - CA.............................................................. 124, 154 HR 44-- Public initiative referendums; provisions - CA ................................... 124, 154 HR 45-- Ad valorem tax; appraise property at owner's
acquisition cost - CA............................................................................ 124, 154 HR 46-- Cooper, Howard; commend......................................................................... 132 HR 47-- Wilkes County Emergency Medical Service; commend ............................. 132 HR 48-- House Special Grants Study Committee; create.................................. 153, 185 HR 49-- Wallace, Homer L.; commend..................................................................... 132 HR 50-- Israel, State of; urge national support; declare Georgia
support ................................................................................................. 153, 185 HR 51-- House Study Committee on Uniform High School
Grading; create..................................................................................... 153, 185 HR 52-- Joint Mold Standards Study Committee; create .................................. 153, 185 HR 53-- House Study Committee on Penalties for Driving Under
the Influence Offenses; create.............................................................. 154, 185

INDEX

4293

HR 54-- House Study Committee on Establishing a Family Day; create .................................................................................................... 154, 185
HR 55-- Pease, Kyle; commend and invite to House ................................ 156, 332, 347
HR 56-- Georgia Farm Bureau Federation; commend and invite president to House ....................................................................... 156, 245, 260
HR 57-- Effingham County Day; recognize .............................................................. 156 HR 58-- King, Phillip E.; commend .......................................................................... 156
HR 59-- Dallas First Baptist Church; express regret at loss ...................................... 156
HR 60-- Murphy, Honorable Thomas B.; House Speaker; recognize...................................................................................................... 156
HR 61-- Boy Scout Week; recognize calendar week of February 8, 2003 ......................................................................................................... 157
HR 62-- Sumrell, Josh; commend.............................................................................. 157 HR 63-- District 48 Legislative Day at the Capitol; recognize
February 20, 2003 ........................................................................................ 157 HR 64-- House Energy Efficient Homes Study Committee;
create .................................................................................................... 183, 198 HR 65-- House Study Committee on Technology Education;
create .................................................................................184, 198, 1582, 1894 HR 66-- State Road and Tollway Authority; use of tolls........................... 184, 198, 841
HR 67-- General Assembly; reapportionment by independent commission - CA ................................................................................. 184, 198
HR 68-- Supreme Court; jurisdiction; certain questions of law CA ..................................................................................... 184, 198, 840, 1785, 2917
HR 69-- Screven County High School football team; commend and invite to House ...................................................................... 185, 714, 718
HR 70-- "Forestry Day at the Capitol", January 30, 2003; invite certain Georgia Forestry Association members to House............ 185, 201, 214
HR 71-- "Motorcycle Awareness and You Month"; recognize May, 2003 .................................................................................................... 186
HR 72-- Roberts, Bennie; condolences...................................................................... 186
HR 73-- Harper, Tina M.; commend ......................................................................... 186 HR 74-- Byrnes, Christopher Mason; commend ....................................................... 186
HR 75-- Mock, Cornell, Sr.; commend...................................................................... 186
HR 76-- Thompson, Stephen Mack; commend ......................................................... 186
HR 77-- Purcell, Wynelle; commend......................................................................... 186
HR 78-- Roland, Donald "Lance"; condolences ........................................................ 187
HR 79-- Rummel, Katie Ruth; condolences .............................................................. 187 HR 80-- Homestead exemption; state-wide base year assessed
value - CA............................................................................................ 197, 213

4294

INDEX

HR 81-- Harold Mann Memorial Interchange; designate ................. 197, 213, 214, 841, 1093, 3067
HR 82-- Southwest Georgia Regional Public Library System; invite certain library representatives to House ............................ 199, 317, 319
HR 83-- Harper, Tina M.; commend ......................................................................... 200
HR 84-- Cranshaw, Lonieze H.; commend................................................................ 200
HR 85-- Armstrong, Mark Clayton; commend.......................................................... 200
HR 86-- Georgia's county election superintendents and county election board members; commend ............................................................. 200
HR 87-- U.S. President and nation's armed forces; express support of House.......................................................................................... 200
HR 88-- Jim Gillis-Historic Savannah Parkway; designate.............. 211, 240, 242, 841, 1280, 3067
HR 89-- Elected officials; party affiliation; certain prohibition CA ........................................................................................................ 212, 240
HR 90-- Veterans Memorial Highway; designate; Banks County veterans; commend ............................................................ 212, 240, 841, 1519
HR 91-- Adjournment; relative to...................................................................... 229, 242
HR 92-- Blackstock, Ms. Mavis; compensate ........................................ 239, 258, 1453, 1661, 2787, 3086
HR 93-- Professional Association of Georgia Educators Day; recognize "PAGE Day on Capitol Hill" 2/11/03; invite officers to House.......................................................................... 242, 260, 260
HR 94-- Pope High School Lady Greyhounds soccer team; invite coaches and players to House ...................................................... 243, 575, 594
HR 95-- Free and Accepted Masons of Georgia and the Order of the Eastern Star; invite to House ................................................................. 243
HR 96-- Shipman, Reverend James "JC"; commend................................................. 243
HR 97-- Benson, Earl "Buck", Jr.; condolences ....................................................... 243
HR 98-- Lanierland Music Park; commend............................................................... 243
HR 99-- 21st Century Leaders Day at the Capitol; recognize January 31, 2003 .......................................................................................... 244
HR 100-- "2003 Home Education Week" in Georgia; recognize February 2-8, 2003....................................................................................... 244
HR 101-- "African American Railroader Month" in Georgia; recognize February, 2003 ............................................................................ 244
HR 102-- Towers, Admiral John Henry "Jack"; commend ......................................... 244
HR 103-- Clarkston High School Band; commend ..................................................... 244
HR 104-- Jack Connell Parkway; designate ............................................. 257, 274, 1065, 1280
HR 105-- Dental Hygienists' Appreciation Day; recognize February 7, 2003; invite to House ............................................................... 245

INDEX

4295

HR 106-- Sheriff-elect Derwin Brown Memorial Bridge; designate ............................................................................. 257, 274, 841, 933, 3067
HR 107-- Staff Sgt. Avely W. Runnels Memorial Highway; designate ............................................................................. 257, 274, 277, 841, 934, 3067
HR 108-- Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA ............................................. 258, 274
HR 109-- Halo, Sano Themia and Thea; commend..................................................... 261
HR 110-- Wyatt, Sarah; commend............................................................................... 261
HR 111-- Community Health Centers Day; invite designated representatives to House .............................................................. 261, 278, 280
HR 112-- University of Georgia football team; invite Head Coach Mark Richt and others to House .................................................. 261, 317, 319
HR 113-- Haley, Johnathan N.; invite to House .......................................... 261, 631, 659
HR 114-- Athens Chamber of Commerce; recognize 100th anniversary; invite representatives to House ............................... 261, 631, 659
HR 115-- Martin Luther King, Jr., Bypass; designate ...................... 273, 316, 841, 1093, 3067
HR 116-- Firefighters' Recognition Day; recognize February 4, 2003 ............................................................................................................. 280
HR 117-- Mordecai, Erin A.; commend ...................................................................... 301
HR 118-- Bain, Stephen; commend ............................................................................. 301
HR 119-- Ramon, Ilan; condolences............................................................................ 301
HR 120-- "Girls and Women in Sports Day"; recognize February 6, 2003 ......................................................................................................... 302
HR 121-- English Avenue Elementary School; commend teachers ............................ 302
HR 122-- Maxwell, Frances Baldwin; commend ........................................................ 302
HR 123-- Markette, Hayden Augustus; commend ...................................................... 302
HR 124-- Gainesville High School Red Elephants baseball team; commend seniors ......................................................................................... 302
HR 125-- Future Farmers of America; recognize 75th anniversary ............................ 302
HR 126-- Space Shuttle Columbia crew; condolences ................................................ 302
HR 127-- Alpha Kappa Alpha Day at Capitol; recognize February 17, 2003; invite Marjorie Young to House.................................. 303, 575, 594
HR 128-- Lt. Col. Doyce Ariail Highway; designate ......................... 314, 344, 346, 841, 1093, 3067
HR 129-- Shelton Isaiah DeLoach Memorial Bridge; designate ...... 314, 344, 841, 1280, 3068
HR 130-- Local school boards and superintendents; method of selection provided by law - CA ........................................................... 314, 344

4296

INDEX

HR 131-- Albert Shelton Swindell Memorial Highway; designate.. 315, 344, 841, 1280, 1281, 3068
HR 132-- Keith Kalland Connector; designate.................................. 315, 344, 841, 2336
HR 133-- Robert Ray Parkway; designate................................................... 315, 344, 841
HR 134-- Pope High School slow pitch softball team; invite to House ........................................................................................... 319, 575, 594
HR 135-- Bland, Laura; 2003 Georgia Watermelon Queen; invite to House ....................................................................................... 320, 650, 660
HR 136-- Rogers, Captain Sharon Elaine; commend .................................................. 320
HR 137-- Talley, Deacon Alfred Lee; commend......................................................... 320 HR 138-- Carmack, Ellen Gilreath; condolences ........................................................ 320
HR 139-- Gantt, Janice A.; commend.......................................................................... 320
HR 140-- Gainesville High School Red Elephants baseball team; commend...................................................................................................... 320
HR 141-- Gelbrich, Peter; commend ........................................................................... 321
HR 142-- Gresham Park 12 Year Old Tigers baseball team; invite to House ....................................................................................................... 331
HR 143-- Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction........................................ 342, 369, 1526
HR 144-- Property in industrial area; owner voluntarily remove CA ........................................................................................................ 343, 369
HR 145-- Certain teachers; salary step increases; urge State Board of Education adopt ..................................................................... 343, 369, 2234
HR 146-- Dean Bryant Intersection; designate................................. 343, 369, 841, 1094, 3068
HR 147-- Joint MARTA Finance Study Committee; create................................ 343, 369 HR 148-- State capitol buildings; urge Federal Aviation
Administration restrict airspace ........................................................... 344, 369 HR 149-- Ryles, Cole; invite to House ........................................................ 348, 650, 660
HR 150-- Cordele-Crisp County Fish Fry; invite cooking team to House ........................................................................................... 348, 590, 594
HR 151-- Presbytery of Greater Atlanta; invite representatives to House ........................................................................................... 348, 400, 418
HR 152-- Mulkey, Amy; commend ............................................................................. 352
HR 153-- Kennedy, Nancy C.; commend .................................................................... 352
HR 154-- Cobb County Day at the Capitol; declare February 14, 2003 ............................................................................................................. 352
HR 155-- Earley, Michelle; commend......................................................................... 352
HR 156-- Parr, Honorable Thomas; commend ............................................................ 352
HR 157-- Adams, Joe Barber, Jr.; condolences ........................................................... 353
HR 158-- Salter, Alex; commend ................................................................................ 353

INDEX

4297

HR 159-- Swindell, Greg; commend ........................................................................... 353 HR 160-- Scott, Dr. Paul; commend ............................................................................ 353 HR 161-- Jamieson, Honorable Jeanette; commend.................................................... 353 HR 162-- Davis, Kristen; 4-H honoree; commend ...................................................... 353 HR 163-- Sims, Cliff; 4-H honoree; commend............................................................ 353 HR 164-- Hall, Hugh Don; condolences...................................................................... 354 HR 165-- Ledbetter, Lauren; 4-H honoree; commend................................................. 354 HR 166-- Whorton, Stefanie; 4-H honoree; commend................................................ 354 HR 167-- Hammack, Heidi; 4-H honoree; commend.................................................. 354 HR 168-- Payne, Christina; 4-H honoree; commend................................................... 354 HR 169-- Knight, Jenna; 4-H honoree; commend ....................................................... 354 HR 170-- Roberts, Brenda; commend ......................................................................... 354 HR 171-- Ad valorem tax millage rate increase; require voter
approval - CA....................................................................................... 367, 409 HR 172-- Public institutions, schools, and sporting events; quiet
reflection period; urge Congress require ............................................. 367, 409 HR 173-- Rules of House; amend Rules 5, 6, 12................................ 367, 409, 412, 590,
661 HR 174-- Telfair County's Arts on the Hill festival; commend................................... 395 HR 175-- Rod Smith Memorial Garden; designate wildflower
garden in median of Jesse Jewell Parkway......................... 368, 409, 412, 841, 1094, 3068
HR 176-- "African American Business Enterprise Day"; recognize February 18, 2003; invite certain members to House ........................................................................................... 396, 619, 628
HR 177-- Muscogee County School District mentoring program "ON TRACK"; invite certain representatives to House .............. 396, 603, 604
HR 178-- 4-H Day at the state capitol; invite Cole Ryles, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to House ........................................................................................... 396, 650, 660
HR 179-- Crisp Academy Varsity Football Team; invite to House ........ 396, 1548, 1559 HR 180-- Georgia Recreation and Parks Association; invite
representatives to House .............................................................. 396, 619, 628 HR 181-- McGahee, Dr. Ollie O., Jr.; commend......................................................... 397 HR 182-- Wilson, Matthew; 4-H honoree; commend ................................................. 397 HR 183-- Fletcher, Abby; 4-H honoree; commend ..................................................... 397 HR 184-- O'Neal, Laurel; 4-H honoree; commend...................................................... 397 HR 185-- Milledgeville, Georgia; 200th anniversary; commend ................................ 397 HR 186-- Duncan, Richard (Ricky); commend ........................................................... 397 HR 187-- Cirincione, Daniel; commend ...................................................................... 397

4298

INDEX

HR 188-- Stephens, Lisa; 4-H honoree; commend...................................................... 398 HR 189-- Roach, Chris; 4-H honoree; commend ........................................................ 398 HR 190-- Jones, Robbie; 4-H honoree; commend....................................................... 398 HR 191-- Munro, Hillary; 4-H honoree; commend ..................................................... 398 HR 192-- Kelley, Brittani; 4-H honoree; commend .................................................... 398 HR 193-- Randall, Nekeisha; 4-H honoree; commend................................................ 398 HR 194-- Auditory-Verbal Center of Atlanta, Inc.; commend.................................... 399 HR 195-- Communities in Schools of Georgia, Inc.; commend.................................. 572 HR 196-- Child Abuse Prevention Day at the state capitol;
recognize February 13, 2003 ....................................................................... 572 HR 197-- Dakin, Milo; condolences ............................................................................ 572 HR 198-- Jefferson, Curtis; commend ......................................................................... 572 HR 199-- Brittian, Ocie; commend.............................................................................. 572 HR 200-- Georgia Peach Festival; commend .............................................................. 572 HR 201-- Betts, Officer Christopher R.; condolences ................................................. 572 HR 202-- Weinmann, Officer James M.; commend .................................................... 573 HR 203-- Youth Assembly and Junior Youth Assembly programs
of the State YMCA of Georgia; commend .................................................. 573 HR 204-- Keep Georgia Beautiful Program; commend .............................................. 573 HR 205-- South DeKalb Neighborhood Coalition; commend..................................... 573 HR 206-- Warwick Grits Festival; commend .............................................................. 573 HR 207-- Dixon Grove Baptist Church; commend ..................................................... 573 HR 208-- GAE Legislative Conference Day; recognize February
17, 2003 ....................................................................................................... 574 HR 209-- African Methodist Episcopal Church; commend ........................................ 574 HR 210-- Future Eduators of America; commend....................................................... 574 HR 211-- Broadnax, Dr. Walter D.; invite to House ................................... 574, 714, 718 HR 212-- Charles F. Hatcher Highway; designate ............................. 587, 617, 619, 841,
1094, 3068 HR 213-- Sonny Dixon Interchange; designate .................................. 588, 617, 619, 841,
1046, 3068 HR 214-- Rules of House; amend Rule 13 .......................................................... 588, 617 HR 215-- Massell, Sam and Doris; commend ............................................................. 602 HR 216-- Parkview High School Panthers football team; invite to
House ....................................................................................... 603, 1852, 1894 HR 217-- Tiftarea Academy Panthers football team, coaches, and
athletic director; commend .......................................................................... 602 HR 218-- Abbott, Virginia E.; commend..................................................................... 602 HR 219-- Fox Theater and City of Atlanta; commend ................................................ 602

INDEX

4299

HR 220-- McKie, Joel; Southern Region Vice President of the National Future Farmers of America; commend ......................................... 602
HR 221-- Merts, Camilla Moore; condolences............................................................ 602
HR 222-- Georgia Agri-Leaders Forum Appreciation Day; recognize February 25, 2003 ....................................................................... 603
HR 223-- Hytowitz, Neil; commend............................................................................ 603
HR 224-- Parkview High School Panthers football team; commend...................................................................................................... 603
HR 225-- Intellectually disabled health and fitness program; special plates - CA ............................................................................... 615, 647
HR 226-- House Study Committee on Sheriffs' Powers; create .......................... 616, 647
HR 227-- Joint Study Committee on Certified Professional Midwifery; create................................................................................. 616, 647
HR 228-- Cosmetic dental coverings; urge removal of unlicensed providers ................................................................................... 616, 647, 1076, 2130
HR 229-- State excise tax on tobacco products; fund state Medicaid program - CA....................................................................... 616, 647
HR 230-- Troup County School System National Board Certified Teachers; invite to House ............................................................ 629, 714, 718
HR 231-- Macon-Bibb County; 2003 Cherry Blossom Festival; invite officials to House............................................................... 629, 673, 673
HR 232-- Oliva, Janet R.; Peace Officer of the Year for Meritorious Service; invite to House........................................... 629, 714, 718
HR 233-- Turner, R. K.; Peace Officer of the Year for Valor; invite to House ............................................................................. 629, 714, 718
HR 234-- Cronin, Stewart; Peace Officer of the Year for Valor; invite to House ............................................................................. 629, 714, 719
HR 235-- Chakraborty, Monisa; commend ................................................................. 630
HR 236-- Emergency Medical Services (EMS) Recognition Day; recognize February 27, 2003 ....................................................................... 630
HR 237-- Troup County School System National Board Certified teachers; commend ...................................................................................... 630
HR 238-- House Study Committee on Law Enforcement Retirement; create ................................................................................ 646, 711
HR 239-- Paul, Rebecca; commend............................................................................. 660
HR 240-- Leadership Clayton Class of 2002-2003; invite to House ....................................................................................... 660, 1270, 1437
HR 241-- Chambliss, Honorable Saxby; invite to House ............................................ 661
HR 242-- A. Phillip Randolph Elementary School; invite Principal Bobby Tuggle to House................................................ 661, 714, 719

4300

INDEX

HR 243-- Clinch County High School football team; invite team and its coaches to House.............................................................. 661, 754, 760
HR 244-- Johnson, Ruth; invite to House................................................ 661, 1270, 1283
HR 245-- Adams, Angela; Star Student; commend..................................................... 669
HR 246-- Hughes, Reverend Doctor Arthur, Sr.; commend ....................................... 669
HR 247-- Jerkins, Mayor Joe; commend ..................................................................... 670
HR 248-- Rockdale County; commend........................................................................ 670
HR 249-- Demosthenian Literary Society; bicentennial; commend............................ 670
HR 250-- "Give Kids A Smile Day"; recognize February 21, 2003............................ 670
HR 251-- Westside High School Lady Patriots Soccer Team; commend...................................................................................................... 670
HR 252-- Social Work Student Lobby Day; recognize February 18, 2003; Professional Social Work Month; recognize March 2003 .................................................................................................. 670
HR 253-- Barnes, Coach Gerald; commend ................................................................ 671
HR 254-- Potter Street Elementary School; commend ................................................ 671
HR 255-- Gwinnett County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Day; recognize March 8, 2003 .................................... 671
HR 256-- Power substation in residential neighborhood; urge Georgia Power consult with residents ....................................... 646, 711, 1987
HR 257-- Robert Ray Parkway; designate.......................................... 704, 741, 752, 841, 1810
HR 258-- Homeowner tax relief grants; alternative uses - CA.................... 709, 741, 752
HR 259-- Ad valorem tax; property equipped with certain systems for generating electricity; exempt - CA ............................................... 710, 742
HR 260-- House Community Improvement District Study Committee; create ................................................................................ 739, 838
HR 261-- House Study Committee on Sales and Use Tax Simplification; create................................................................ 739, 838, 1582, 2490
HR 262-- House Study Committee on HB 33; create.......................................... 739, 838
HR 263-- Subsequent Injury Trust Fund Joint Study Committee; create ......................................................................................... 739, 838, 1987, 2146
HR 264-- Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create...................................................................... 740, 838
HR 265-- Bicycle lanes throughout state; urge Department of Transportation create ................................................................ 740, 838, 1692, 2775
HR 266-- Regional development center boundaries; ratify changes......... 740, 839, 1270, 1577, 3285
HR 267-- Benischek-Crews, Elizabeth; invite to House ......................... 724, 1270, 1283

INDEX

4301

HR 268-- Singleton, Jacqueline LaRose; invite to House ....................... 724, 1270, 1283 HR 269-- Savannah St. Patrick's Day Parade; invite certain
persons to House.......................................................................... 724, 754, 760 HR 270-- Future Business Leaders of America - Phi Beta Lambda
and Academy of Richmond County members; commend...................................................................................................... 725 HR 271-- Joint Study Committee on Coastal Marshlands Protection; create ................................................................................. 838, 891 HR 272-- Rural Health Day; recognize March 7, 2003 ............................................... 769 HR 273-- Boozer, Van; commend ............................................................................... 769 HR 274-- Nesbitt, Amanda; commend ........................................................................ 769 HR 275-- Perez, Daniel Luis; commend...................................................................... 769 HR 276-- Bursi, Thomas Geoffrey; commend ............................................................ 769 HR 277-- Compton, Caleb Asher; commend............................................................... 769 HR 278-- Heitz, Brandon James; commend ................................................................ 770 HR 279-- "Georgia Tourism Day"; recognize March 12, 2003................................... 770 HR 280-- US Korea Daily News; 2000th day copy; recognize February 25, 2003 ........................................................................................ 770 HR 281-- Smith, Mayor Kenneth E., Sr.; commend.................................................... 770 HR 282-- McCleskey, David; commend ..................................................................... 770 HR 283-- Fraser, Tammy; commend ........................................................................... 770 HR 284-- Lanier County Teachers of the Year; commend.......................................... 771 HR 285-- Youth Leadership Bibb County, Inc.; commend ......................................... 771 HR 286-- Wood, Dr. Linda; commend ........................................................................ 771 HR 287-- Glenn Hills Elementary School Fifth Grade Ballroom Dancers; recognize....................................................................................... 771 HR 288-- Sherrod, Honorable Robert Allen; condolences .......................................... 771 HR 289-- Association of Marine Technicians and Joe De Marco; commend...................................................................................................... 771 HR 290-- Slosheye Trail Big Pig Jig; commend ......................................................... 772 HR 291-- Raulerson, Mr. and Mrs. Duke; commend .................................................. 772 HR 292-- Corinth Free Will Baptist Church; commend.............................................. 772 HR 293-- Boone, Mayor James E.; commend ............................................................. 772 HR 294-- Curtis, James; commend .............................................................................. 772 HR 295-- Johnson, Belinda Kaye Rawlins; condolences ............................................ 772 HR 296-- Columbia County Fireballs; commend........................................................ 772 HR 297-- Hall-Brennan, Dr. Hazel; commend ............................................................ 773 HR 298-- Smith, Edith; commend ............................................................................... 773 HR 299-- Neal, Jeremy Tyler; commend..................................................................... 773 HR 300-- DeLong, Chad Andrew; commend .............................................................. 773

4302

INDEX

HR 301-- Robinson, Asbury Clark, M.D.; commend .................................................. 773 HR 302-- Benevolence Missionary Baptist Church of Cuthbert;
commend...................................................................................................... 773 HR 303-- Arnold, Susan; commend............................................................................. 773 HR 304-- Menocal, Victor; commend ......................................................................... 774 HR 305-- Stephens, Hollis Jack; condolences ............................................................. 774 HR 306-- Chastain, Samantha; commend.................................................................... 774 HR 307-- Stepp, Aud Lee; condolences ...................................................................... 774 HR 308-- Torrance, E. Paul; commend ....................................................................... 774 HR 309-- Rawls, Amelia Olga; commend ................................................................... 774 HR 310-- Long, Janet; commend................................................................................. 774 HR 311-- Breathe Georgia Day; recognize February 21, 2003 ................................... 774 HR 312-- Clark, Samuel T. (Sam); condolences ......................................................... 775 HR 313-- Polite, Deacon Prince William, Jr.; condolences......................................... 775 HR 314-- Parker, Robert Lee, Sr.; condolences........................................................... 775 HR 315-- Kitchen, Willie "Ben"; condolences ............................................................ 775 HR 316-- Henry, Freddie, Sr.; condolences................................................................. 775 HR 317-- Henry, Walter; condolences......................................................................... 775 HR 318-- Polite, James Clinton (J.C.); condolences ................................................... 775 HR 319-- House Study Committee on Equal Pay; create .................................... 838, 891 HR 320-- Sandy Creek High School boys basketball team; invite
to House ................................................................................... 828, 2598, 2619 HR 321-- Jamerson, Billy; invite to House.............................................. 828, 2598, 2619 HR 322-- Special U.S. flag license plate fees; certain education
trust fund - CA ..................................................................................... 890, 922 HR 323-- Ad valorem tax; authorize special methods; certain
aircraft - CA ......................................................................................... 890, 922 HR 324-- Atlanta Motor Speedway Day at Capitol; recognize
March 6, 2003; invite representatives to House .......................... 882, 910, 911 HR 325-- Children's Museum of Atlanta; commend ................................................... 882 HR 326-- Gray, Mrs. Jeanie; commend ....................................................................... 882 HR 327-- Soloman, Morgan E. "Gene"; condolences ................................................. 883 HR 328-- Varnadoe, Angela; commend ...................................................................... 883 HR 329-- Lenihan, Robert J.; commend ...................................................................... 883 HR 330-- Jackson, T. Jerry; commend ........................................................................ 883 HR 331-- Africa Day at the Capitol; recognize 2/28/03;
Honorable Joe Keshi; commend.................................................................. 883 HR 332-- Boyce, Louise; commend ............................................................................ 883 HR 333-- "Cosmetology and Barber's Day in Georgia"; declare
March 3 annually ......................................................................................... 884

INDEX

4303

HR 334-- House Study Committee on Long-term Care Insurance; create ......................................................................................... 890, 922, 1987, 3933
HR 335-- Eng, Greg; commend ................................................................................... 906 HR 336-- TRC Staffing/The Paul Henry Group; commend ........................................ 906
HR 337-- Police chiefs and other heads of law enforcement; observe March 18, 2003 as day of recognition............................................ 906
HR 338-- Rogers, Jerry; commend .............................................................................. 907 HR 339-- Flock, Linda; commend ............................................................................... 907
HR 340-- Fairmont Restaurant; commend................................................................... 907
HR 341-- Blue Water Technology Group; commend.................................................. 907
HR 342-- Bahama Joe's; commend.............................................................................. 907
HR 343-- Systems Connect, Inc.; commend................................................................ 907
HR 344-- Edwards, Connie; commend ........................................................................ 908 HR 345-- Advantage Marketing; commend ................................................................ 908
HR 346-- Berkmar High School Academic Decathlon Team; commend...................................................................................................... 908
HR 347-- 2d Lt. Britt Cumming Day in Georgia; observe April 29, 2003 ....................................................................................................... 908
HR 348-- Fitts, James Clynton "Dinky", Sr.; condolences.......................................... 908
HR 349-- Counties; increase maximum to 160 - CA......................................... 921, 1033 HR 350-- Development impact fees for educational purposes;
local boards collect - CA ................................................................... 921, 1033 HR 351-- Convention on the Elimination of All Forms of
Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ......................... 921, 1033 HR 352-- Silver-Haired Legislature; invite to House .............................. 910, 1035, 1044
HR 353-- Hybl, Nate; invite to House ......................................................................... 969
HR 354-- General Assembly, Lt. Governor, House Speaker; term limits - CA ....................................................................................... 1031, 1075
HR 355-- Elected officials; prohibit party affiliation change; exception - CA ................................................................................. 1031, 1075
HR 356-- Motor vehicle emissions fund; provide by general law CA .................................................................................................... 1032, 1075
HR 357-- Search and rescue dogs; authorize erection of monument honoring.............................................................. 1032, 1075, 1452, 1994, 2930
HR 358-- Federal food stamp program for low-income Georgians; urge Department of Human Resources adopt....................... 1032, 1075, 2717, 3347
HR 359-- Hankerson, David; commend .................................................................... 1044

4304

INDEX

HR 360-- Adjournment; relative to............................................................................ 1059 HR 361-- Murphy, Speaker Thomas B.; honor on the occasion of
Thomas Murphy Day in Bremen ............................................................... 1061 HR 362-- Parker, Ms. Linda; commend..................................................................... 1061 HR 363-- Chopstix and Philip Chan; commend ........................................................ 1061 HR 364-- Colwell, Dan; commend ............................................................................ 1061 HR 365-- Gainey, Wendell Cullen; condolences....................................................... 1061 HR 366-- Hill, Reverend Clyde, Sr.; commend......................................................... 1061 HR 367-- English, Honorable Paschal; commend ..................................................... 1062 HR 368-- Senior Week at the Capitol; recognize March 3-7, 2003 .......................... 1062 HR 369-- Smith, Charlie L.; commend...................................................................... 1062 HR 370-- The Foster Grandparent/Senior Companion Program;
commend.................................................................................................... 1062 HR 371-- Baugh, Mary Downer; commend .............................................................. 1062 HR 372-- Perry, Marcus; commend........................................................................... 1062 HR 373-- Georgia Storytelling Week; recognize November 16-22,
2003 ........................................................................................................... 1062 HR 374-- Women for Morris Brown College; commend.......................................... 1063 HR 375-- Thompson, Cindy; commend..................................................................... 1063 HR 376-- General appropriations; restrict amendments increasing
- CA.................................................................................................. 1074, 1265 HR 377-- Brye, Annie Johnson; invite to House ................................... 1063, 1064, 1065 HR 378-- Thomson High School Football Team; invite to House ............................ 1099 HR 379-- Hyder, Coach John "Whack"; condolences ............................................... 1243 HR 380-- Williams, John; commend ......................................................................... 1243 HR 381-- Lee, Phillip Thomas; commend ................................................................. 1243 HR 382-- Hall, Eric Brian; condolences .................................................................... 1243 HR 383-- Jewell, Jeremy Page; commend ................................................................. 1243 HR 384-- Creative Arts Guild of Dalton; commend.................................................. 1243 HR 385-- "Disabilities Day at the Capitol"; recognize March 13,
2003 ........................................................................................................... 1244 HR 386-- Topper, Erwin; commend .......................................................................... 1244 HR 387-- Crane, MacKenzie; commend ................................................................... 1244 HR 388-- Morton, Maria "Ria"; commend ................................................................ 1244 HR 389-- E. W. Oliver Elementary School; commend ............................................. 1244 HR 390-- Scott, George Raft, Sr.; commend ............................................................. 1244 HR 391-- Kenyon, Judge Allen Richard (Dick); condolences .................................. 1245 HR 392-- Purvis, Wilbur T. III; commend ................................................................ 1245 HR 393-- Walker, Pascual; condolences ................................................................... 1245

INDEX

4305

HR 394-- Peanut Butter and Jelly Day at the Capitol; recognize March 12, 2003 .......................................................................................... 1245
HR 395-- Kelly, Coach Dick; commend.................................................................... 1245
HR 396-- Reynolds, Jean; invite to House............................................. 1252, 1987, 1987
HR 397-- Joint MARTA Finance Study Committee; create................. 1264, 1468, 1582, 1895, 2932, 3113
HR 398-- Purple Heart Highway; designate portion of State Route 232 ......................................................................................... 1264, 1468, 1470
HR 399-- Electric transmission systems; proposed standard design; urge FERC and Congress not adopt ......................... 1264, 1468, 1633, 2423, 2424
HR 400-- Gainesville High School girls basketball team; invite team and coaches to House.................................................... 1282, 2719, 2741
HR 401-- National Guard Day in Georgia; 3/28/03; invite Major General David B. Poythress to House ................................... 1282, 1582, 1589
HR 402-- East Hall High School boys basketball team; invite team and coaches to House.................................................... 1282, 1757, 1772
HR 403-- Mitchell Baker High School Eagles basketball team; invite coaches and players to House...................................... 1282, 2598, 2619
HR 404-- House Hotel-Motel Tax Study Committee; create ............... 1464, 1544, 1987, 2742
HR 405-- Initiative petition; power to enact and repeal statutes CA .................................................................................................... 1464, 1544
HR 406-- Gamaliel Hilson Memorial Overpass; designate .................. 1464, 1544, 1546, 1692, 1895, 3068
HR 407-- House Study Committee on Special License Plates; create ..................................................................................... 1465, 1544, 2039, 2147
HR 408-- Joint Study Committee on Legislative and Congressional Redistricting; create ................................................. 1465, 1544
HR 409-- United States Armed Forces; express support ........................................... 1437
HR 410-- USO of Georgia Day; recognize March 27, 2003 ..................................... 1437
HR 411-- Cothren, Kelvin Lynn; commend .............................................................. 1438
HR 412-- Atlanta Association of Insurance Professionals; commend.................................................................................................... 1438
HR 413-- Elijah Summitt Lodge #309 in Jonesboro, Georgia; commend.................................................................................................... 1438
HR 414-- Walker, Pastor Woodrow, II; commend .................................................... 1438
HR 415-- Simmons, Edward Earl, Jr.; commend ...................................................... 1438
HR 416-- Pauley, Frances F.; condolences................................................................ 1438
HR 417-- Baranco, Juanita Powell; commend........................................................... 1438
HR 418-- Ponder, Dan, Jr.; commend........................................................................ 1439

4306

INDEX

HR 419-- Ford Motor Company; 100th anniversary; commend ............................... 1439 HR 420-- Euharlee Day; recognize September 16, 2003........................................... 1439 HR 421-- Davenport, Mr. and Mrs. Leon; commend on 50th
anniversary................................................................................................. 1439 HR 422-- Tucker, Tiffany; commend ........................................................................ 1439 HR 423-- Barron, James Harold; commend .............................................................. 1439 HR 424-- Vigil, Allan; commend .............................................................................. 1439 HR 425-- McDonald, Travis; condolences ................................................................ 1440 HR 426-- Heidt, Charles J.; commend....................................................................... 1440 HR 427-- Bragg, M. W.; condolences ....................................................................... 1440 HR 428-- Goldwire, Franklin; commend................................................................... 1440 HR 429-- Johnson, Irvine B.; commend .................................................................... 1440 HR 430-- Macedonia Baptist Church of Guyton; commend ..................................... 1440 HR 431-- Tucker, Jasper C.; commend ..................................................................... 1440 HR 432-- Edwards, Marshall; commend ................................................................... 1441 HR 433-- Messer, Dr. Susan; commend .................................................................... 1441 HR 434-- Jones, Helen M.; commend ....................................................................... 1441 HR 435-- Grayson, F. Norman; commend................................................................. 1441 HR 436-- Case, Kelsey Nichole; commend............................................................... 1441 HR 437-- Herman, Christy; commend....................................................................... 1441 HR 438-- Dial, Thomas Franklin; commend ............................................................. 1441 HR 439-- Jones, Luther Elton, II; commend.............................................................. 1442 HR 440-- Associated General Contractors, Inc., Georgia Branch;
commend.................................................................................................... 1442 HR 441-- Stone, Judge Lowrey S.; condolences ....................................................... 1442 HR 442-- University System of Georgia Outstanding Scholars;
commend.................................................................................................... 1442 HR 443-- Stevenson, Brigadier General Lawrence H., USAF;
commend.................................................................................................... 1442 HR 444-- Rogers, Edgar H. "Butch"; condolences.................................................... 1442 HR 445-- Daniel, Carroll Edmondson "Ed"; condolences......................................... 1442 HR 446-- Bramlett, Payton Dewel; commend........................................................... 1443 HR 447-- Mason, C. F. "Coote"; condolences........................................................... 1443 HR 448-- Ashley, Corporal Rick; commend ............................................................. 1443 HR 449-- Dotson, Kayla Nicole; commend............................................................... 1443 HR 450-- Rumph, Dr. Frank Marvin; commend ....................................................... 1443 HR 451-- Farris, Joe, Jr.; commend ........................................................................... 1443 HR 452-- Mitchell Baker High School Eagles basketball team;
commend.................................................................................................... 1443 HR 453-- Speyer, Julie; commend............................................................................. 1444

INDEX

4307

HR 454-- Goldsmith, Gail; commend........................................................................ 1444 HR 455-- Meeler, Kevin; commend .......................................................................... 1444 HR 456-- Malcom, Judy; commend........................................................................... 1444 HR 457-- Leming, Pat; commend .............................................................................. 1444 HR 458-- Lanier, Stacy; commend ............................................................................ 1444 HR 459-- Anderson, Amy; commend ........................................................................ 1444 HR 460-- Atkins, Huey; commend ............................................................................ 1444 HR 461-- Christie, Jeff; commend............................................................................. 1445 HR 462-- Ainslie, Andrew, III; commend ................................................................. 1445 HR 463-- Benford, Daisy; commend ......................................................................... 1445 HR 464-- Orr, James; commend ................................................................................ 1445 HR 465-- Milliken, John; commend .......................................................................... 1445 HR 466-- Burbach, Sarah; commend......................................................................... 1445 HR 467-- Bell, Hank; commend ................................................................................ 1445 HR 468-- Atkinson, Kyle; commend ......................................................................... 1445 HR 469-- Veasley, Diane; commend ......................................................................... 1445 HR 470-- Terrell, Robert, Jr.; commend.................................................................... 1446 HR 471-- Battle, Shureka; commend......................................................................... 1446 HR 472-- Abney, Lee; commend............................................................................... 1446 HR 473-- Taylor, Lesley; commend .......................................................................... 1446 HR 474-- Robertson, Karen; commend ..................................................................... 1446 HR 475-- Phillips, Dianne; commend........................................................................ 1446 HR 476-- Nunn, Lee; commend................................................................................. 1446 HR 477-- Markley, Robert; commend ....................................................................... 1446 HR 478-- Lilly, Tina; commend ................................................................................ 1446 HR 479-- Kuperberg, Kenneth; commend................................................................. 1447 HR 480-- Hiday, Garrett; commend .......................................................................... 1447 HR 481-- Coody, Cameron; commend ...................................................................... 1447 HR 482-- Harris, Doris J.; commend ......................................................................... 1447 HR 483-- Beasley, Frank; commend ......................................................................... 1447 HR 484-- Burnett, Jason; commend........................................................................... 1447 HR 485-- Cantrell, James; commend......................................................................... 1447 HR 486-- Evans, Vivian; commend........................................................................... 1447 HR 487-- Freund, Steven; commend ......................................................................... 1447 HR 488-- Fricks, Sandra; commend .......................................................................... 1448 HR 489-- Howard, Angela; commend ....................................................................... 1448 HR 490-- Jackson, Deborah; commend ..................................................................... 1448 HR 491-- Lyness, Chip; commend ............................................................................ 1448 HR 492-- McCommons, Susan; commend ................................................................ 1448

4308

INDEX

HR 493-- McGhee, Linda; commend ........................................................................ 1448 HR 494-- Mitchell, Dennis; commend....................................................................... 1448 HR 495-- Robb, Mari; commend ............................................................................... 1448 HR 496-- Sheehan, Joe; commend............................................................................. 1448 HR 497-- Smith, Shirley; commend .......................................................................... 1449 HR 498-- Smith, Debra; commend ............................................................................ 1449 HR 499-- Strother, Natasha; commend...................................................................... 1449 HR 500-- Twilley, Barbara; commend ...................................................................... 1449 HR 501-- Thompson, Janice; commend .................................................................... 1449 HR 502-- Williams, Teresa; commend ...................................................................... 1449 HR 503-- Ashurst, Brad; commend ........................................................................... 1449 HR 504-- Nelson, Louelle; commend ........................................................................ 1449 HR 505-- Williamson, Joy; commend ....................................................................... 1449 HR 506-- Bailey, Alicia; commend ........................................................................... 1450 HR 507-- Hone, Larry; commend .............................................................................. 1450 HR 508-- Butts, Alvin; commend .............................................................................. 1450 HR 509-- Butts, Teresa; commend ............................................................................ 1450 HR 510-- Gilbert, Judy; commend............................................................................. 1450 HR 511-- Gregory, Carla; commend ......................................................................... 1450 HR 512-- Gunter, Terry; commend ........................................................................... 1450 HR 513-- Harper, Susan; commend........................................................................... 1450 HR 514-- Haslbauer, Anna; commend....................................................................... 1450 HR 515-- Hester, Eric; commend .............................................................................. 1451 HR 516-- Mendez, Daniel; commend ........................................................................ 1451 HR 517-- Patten, Paula; commend............................................................................. 1451 HR 518-- Ricks, Ray; commend ................................................................................ 1451 HR 519-- Youmans, Richard; commend ................................................................... 1451 HR 520-- Sadler, Linda; commend ............................................................................ 1451 HR 521-- Smith, Annette; commend ......................................................................... 1451 HR 522-- Smith, Michael; commend......................................................................... 1451 HR 523-- Thompson, Chuck; commend.................................................................... 1451 HR 524-- Beazley, Helen; commend ......................................................................... 1452 HR 525-- Bradley, Dr. David; commend................................................................... 1452 HR 526-- Griffin High School Bears basketball team; invite team
and its coach to appear before the House of Representatives ...................................................................... 1482, 1757, 1773 HR 527-- Ad valorem tax; special class; antique aircraft - CA ....................... 1543, 1624 HR 528-- House Study Committee on School Restroom Standards; create .............................................................................. 1543, 1624

INDEX

4309

HR 529-- Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create..................................................................... 1543, 1624
HR 530-- House Study Committee on Franchise Fees and the Use of Public Rights of Way; create............................................ 1543, 1624, 1987, 2742
HR 531-- Joseph Wheeler High School boys basketball team; invite coaches and players to House...................................... 1515, 2598, 2619
HR 532-- Levy, Dr. Natalie Koch; invite to House ............................... 1520, 2598, 2619
HR 533-- Mitchell Baker High School Eagles varsity cheerleaders; commend.............................................................................. 1521
HR 534-- Haywood, R. Allen and The Sparta Ishmaelite; commend.................................................................................................... 1521
HR 535-- Proffitt, Nancy Gantt; commend................................................................ 1521 HR 536-- Magnolia Manor, the South Georgia Methodist Home
for the Aging, Inc., on its 40th anniversary; commend ............................. 1521 HR 537-- Antioch Lithonia Missionary Baptist Church; commend.......................... 1521
HR 538-- Mikell, Elder John Shelton; commend ...................................................... 1521 HR 539-- Chiropractic Day in Georgia; recognize March 25, 2003.......................... 1521
HR 540-- Maye, Mother Zora Lee; condolences ....................................................... 1522
HR 541-- Pruitt, Neil Little, Sr.; condolences ........................................................... 1522
HR 542-- Young, Ronald D., Jr., Chief Warrant Officer; express support ....................................................................................................... 1522
HR 543-- Taylor County High School Lady Vikings basketball team; invite team and coach to House ................................... 1522, 2719, 2741
HR 544-- Alvin Mitchell Street; designate ............................................ 1544, 1624, 1629
HR 545-- Carter, President Jimmy; Nobel Laureate; address joint session .................................................................................... 1570, 2164, 2222
HR 546-- Georgia Capital Punishment Study Commission; create....... 1620, 1748, 1987 HR 547-- Pari-mutuel wagering; General Assembly provide by
law - CA........................................................................................... 1621, 1748 HR 548-- Hicks, James Stacey; Bethel Missionary Baptist Church
in Camilla; commend................................................................................. 1583 HR 549-- Ainslie, Carolyn M.; commend ................................................................. 1584
HR 550-- Partnership for Health and Accountability; commend .............................. 1584
HR 551-- Jenkins County High School Lady Eagles basketball team; commend.......................................................................................... 1584
HR 552-- Hutcheson, Frank; condolences ................................................................. 1584
HR 553-- McDaniel, JoAnn T.; condolences............................................................. 1584
HR 554-- Atlanta Symphony Orchestra and Chorus; Robert Spano, music director; commend .............................................................. 1584

4310

INDEX

HR 555-- Clayton County 2002-2003 STAR students and teachers; commend .................................................................................... 1584
HR 556-- Blair, British Prime Minister Tony; commend .......................................... 1585
HR 557-- Meadowview Elementary School; commend; invite principal and school board officers to House ............................................ 1589
HR 558-- House Local School District Development Impact Fees Study Committee; create.................................................................. 1621, 1748
HR 559-- Tommy R. Crabb Sr. Memorial Highway; designate............ 1621, 1748, 1752
HR 560-- Taylor, Charlie; honor memory; invite certain aviation employees to House ............................................................... 1589, 3128, 3129
HR 561-- High risk health insurance; urge officials seek certain federal grants.................................................................................... 1622, 1748
HR 562-- County officers; include certain coroners - CA............................... 1622, 1748
HR 563-- Mental illness and suicide in youth; urge screening of children and adolescents .................................................................. 1745, 1846
HR 564-- Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ............................................................................................ 1746, 1846
HR 565-- Clarence Thomas Tribute Commission; create................................ 1746, 1846
HR 566-- Secretariat of the Free Trade Area of the Americas; urge location in Atlanta......................................................... 1746, 1846, 2924, 3929
HR 567-- Faith Collaboration Day in Georgia; recognize March 24, 2003 ..................................................................................................... 1666
HR 568-- Barnes, Honorable Roy E.; recipient of 2003 Profiles in Courage Award; commend ........................................................................ 1666
HR 569-- BP Amoco, Exxon, and Chevron; commend for certain warning signs ............................................................................................. 1666
HR 570-- Kemp Elementary School; commend ........................................................ 1666
HR 571-- Denmark and Prime Minister Rasmussen; coalition efforts in Iraq; commend............................................................................ 1666
HR 572-- Foreign nations in coalition with U. S. in Iraq; commend.................................................................................................... 1667
HR 573-- Australia and Prime Minister John Howard; coalition efforts in Iraq; commend............................................................................ 1667
HR 574-- Quality Living Services, Inc.; commend ................................................... 1667
HR 575-- Atlanta Business Women's Association, Atlanta Platinum Chapter; commend ..................................................................... 1667
HR 576-- Carlan, William Edwin; commend ............................................................ 1667
HR 577-- Kitchens, Gordon E., Jr.; commend........................................................... 1667
HR 578-- Kitchens, Barbara; commend..................................................................... 1668
HR 579-- Stone, Bob; commend................................................................................ 1668
HR 580-- Systems & Methods, Incorporated; commend........................................... 1668

INDEX

4311

HR 581-- Georgia Kraft-Inland retirees; commend................................................... 1668 HR 582-- Hall, Alexander James; commend ............................................................. 1668 HR 583-- Parkview High School Panthers girls basketball team;
commend.................................................................................................... 1668 HR 584-- Catholic Church of the Transfiguration of Our Lord;
commend.................................................................................................... 1668 HR 585-- Taylor, J. B.; commend.............................................................................. 1669 HR 586-- Celanese Village Kids; commend.............................................................. 1669 HR 587-- Special license plates; community greenspace
preservation trust fund - CA .................................................. 1746, 1846, 2040 HR 588-- House Study Committee on Health Insurance Options
for Small Businesses and Uninsured Working People; create ................................................................................................ 1747, 1846 HR 589-- Dorothy B. Pelote Viaduct; designate ................................... 1747, 1846, 1849 HR 590-- Fred Emory Smith Memorial Bridge; designate.................... 1732, 1748, 1752 HR 591-- Judge Jim Weeks Intersection; designate ............................. 1733, 1748, 1753,
2145, 2337, 3478, 3684, 3843, 3870,
3999 HR 592-- Sharp, Robert R.; commend....................................................................... 1736 HR 593-- Hunt, Regent John; condolences................................................................ 1736 HR 594-- Clark, Dr. Spurgeon William, Jr.; condolences ......................................... 1736 HR 595-- White, Shirley; commend .......................................................................... 1736 HR 596-- Walker, Brendan Scott; commend............................................................. 1737 HR 597-- Gaines, Honorable Joseph J.; commend .................................................... 1737 HR 598-- Istanbul Cultural Center; commend........................................................... 1737 HR 599-- Soy Unica! Soy Latina!; commend......................................................... 1737 HR 600-- Addison, Jamaal; condolences................................................................... 1737 HR 601-- Board of Regents; urge expansion of teacher education
program.................................................................................. 1747, 1846, 2503 HR 602-- Canty, Honorable Henrietta Mathis; condolences; invite
her children to House............................................................. 1772, 1852, 1894 HR 603-- House Sandy Springs Study Committee; create .............................. 1756, 1846 HR 604-- Department of Natural Resources; assign law
enforcement personnel on certain public beaches ................. 1756, 1846, 1851 HR 605-- Georgia Merit System; commend.............................................................. 1838 HR 606-- Thompson, Hugh "Mac", Sr.; commend ................................................... 1838 HR 607-- Smith, Robert W. (Red); commend ........................................................... 1838 HR 608-- Reece, James; commend ............................................................................ 1839 HR 609-- Carrollton High School Debate Team; commend ..................................... 1839

4312

INDEX

HR 610-- Porterfield, Honorable W. R. "Billy"; commend....................................... 1839
HR 611-- Central Elementary School Quiz Kids Team for its success in the Knowledge Master Open; commend .................................. 1839
HR 612-- Cedartown Middle School cheerleaders; commend .................................. 1839
HR 613-- Adams, Stewart; commend ........................................................................ 1839
HR 614-- Georgia War Veterans Nursing Home Trust Fund; create; special plates - CA ............................................................... 1845, 2234
HR 615-- Rockmart High School wrestling team; invite team and coaches to House ....................................................................................... 1893
HR 616-- Respress, Emma; invite to House .............................................................. 1893
HR 617-- Human cloning; federal legislation banning; urge passage ............................................................................................. 2230, 2445
HR 618-- Coin operated amusement machines; uses of regulatory fees and fines - CA........................................................................... 2230, 2445
HR 619-- Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation ......................................................................................... 2231, 2446
HR 620-- Julien B. Roddenbery, Sr. Memorial Drive; designate.......... 2231, 2446, 2505
HR 621-- House Unfunded Mandates Study Committee; create..................... 2231, 2446
HR 622-- Board of Regents; power; subject to General Assembly and Governor - CA .......................................................................... 2231, 2446
HR 623-- Commission on Efficiency in State Government; create................. 2232, 2446
HR 624-- Zhou, Xuefei; imprisoned in China; urge United States Department of State seek release .......................................... 2232, 2446, 3128, 3276
HR 625-- Purple Heart Trail; designate Interstate 95 within Georgia................................................................................... 2232, 2446, 2505
HR 626-- Jonesboro High School Mock Trial Team; invite team and coaches to House............................................................. 1988, 2719, 2742
HR 627-- Clance, Professor Pauline Rose; commend ............................................... 1988
HR 628-- Winter, Jaeson Clark; commend................................................................ 1988
HR 629-- Robinson, Mildred Baker; commend......................................................... 1988
HR 630-- Renford, Edward J., President and Chief Executive Officer of Grady Health System; commend .............................................. 1988
HR 631-- Spencer, Cubmaster Leslie and Cub Scout Pack 17; commend.................................................................................................... 1989
HR 632-- Gideon, Junia Hampton; commend ........................................................... 1989
HR 633-- Harris, Earl D.; condolences ...................................................................... 1989
HR 634-- Toney, Delores Gayle; commend .............................................................. 1989
HR 635-- Baker, Betsy C., Executive Director of the Georgia Council for the Arts; commend ................................................................. 1989

INDEX

4313

HR 636-- Bankoff, Joseph R.; Chair, Regional Arts Task Force; commend.................................................................................................... 1989
HR 637-- Ferguson, Martha W.; commend ............................................................... 1990 HR 638-- Drummer, Fannie; commend ..................................................................... 1990 HR 639-- Brittain, Tammy Seabolt; commend.......................................................... 1990 HR 640-- Keep Jones Beautiful; commend ............................................................... 1990 HR 641-- Griffin, Gayle; commend........................................................................... 1990 HR 642-- Gonzalez, Hazel Drake; commend ............................................................ 1990 HR 643-- Loyalty Day; recognize May 1, 2003 ........................................................ 1990 HR 644-- Chappell, Roy James; condolences............................................................ 1991 HR 645-- Wiggins, Margaret; commend ................................................................... 1991 HR 646-- Glover, John Thomas, Jr.; condolences ..................................................... 1991 HR 647-- Liles, F. Graham, Jr.; commend ................................................................ 1991 HR 648-- Dorminy, A.B.C. "Brad", Jr.; condolences................................................ 1991 HR 649-- Whitehead, Jim; commend ........................................................................ 1991 HR 650-- Distant Replays in Atlanta, Georgia; recognize 5th
anniversary................................................................................................. 1991 HR 651-- Georgia Museum of Natural History; recognize 25th
anniversary................................................................................................. 1992 HR 652-- Todd, Dr. Willie Grier; commend ............................................................. 1992 HR 653-- Sutter, Robert J.; commend ....................................................................... 1992 HR 654-- Marshall, Billy; commend ......................................................................... 1992 HR 655-- Toccoa Little League; commend ............................................................... 1992 HR 656-- Newnan, City of; recognize 175th anniversary ......................................... 1992 HR 657-- Turner, Will; commend.............................................................................. 1992 HR 658-- Ainslie, Carolyn; commend ....................................................................... 1993 HR 659-- Early County High School Lady Cats basketball team;
commend.................................................................................................... 1993 HR 660-- 2003 Watermelon Days Festival; proclaim Watermelon
Days in Cordele ......................................................................................... 1993 HR 661-- Guyton, City of; 25th Annual Tour of Homes and
Festival; commend..................................................................................... 1993 HR 662-- Stroke Awareness Month in Georgia; designate month
of May........................................................................................................ 1993 HR 663-- Danese, Carolyn; commend....................................................................... 1993 HR 664-- Ward, Lonnie, Jr.; commend ..................................................................... 1993 HR 665-- O'Donnell, Patrick Michael; commend ..................................................... 1993 HR 666-- Paulding County High School; commend ................................................. 1994 HR 667-- Holman, Sergeant Major Lymus; commend.............................................. 1994

4314

INDEX

HR 668-- Certain state and local construction; urge certain design and material standards ..................................................................... 2232, 2446
HR 669-- House Study Committee on Funding for Local Victim Assistance Programs; create ............................................................ 2233, 2446
HR 670-- House Study Committee on Coin Operated Amusement Machines; create .............................................................................. 2233, 2446
HR 671-- LaGrange Personal Aid Association, Inc.; commend................................ 2144 HR 672-- Fogarty, Sister Mary Philomena; condolences .......................................... 2144 HR 673-- Ministers United for Clayton Harmony; commend ................................... 2144 HR 674-- Draper, Scott L.; commend........................................................................ 2144 HR 675-- Stephens, Willie, Jr.; commend ................................................................. 2145 HR 676-- Suttles, Dr. William M.; condolences........................................................ 2145 HR 677-- Austin, Morean Marcus; commend ........................................................... 2145 HR 678-- Equal Pay Day; designate April 15, 2003.............................. 1894, 2382, 2382 HR 679-- Clergy Day at the Georgia State Capitol; recognize
April 8, 2003 .............................................................................................. 2213 HR 680-- House Study Committee on the Development and
Expansion of Community Health Centers; create ........................... 2443, 2467 HR 681-- Law Enforcement Museum and Hall of Fame; support
creation.................................................................................. 2444, 2467, 2512, 2515
HR 682-- Carter, Jimmy, 2002 Nobel Laureate for Peace; commend.................................................................................................... 2286
HR 683-- Brown, Jackie; commend........................................................................... 2286 HR 684-- Richardson, Jerry D.; commend ................................................................ 2286 HR 685-- Glynn County Public Schools Golden Rule Award
Winners 2002-2003; commend.................................................................. 2286 HR 686-- Fort Gordon; commend.............................................................................. 2286 HR 687-- Perry, Benjamin Jackson (Ben), Sr.; condolences..................................... 2287 HR 688-- Buford High School Wolves (2002); commend ........................................ 2287 HR 689-- Crews, Cindy; commend ........................................................................... 2287 HR 690-- Fedorchuk, Laura; commend ..................................................................... 2287 HR 691-- Moye, Dr. Norm; commend....................................................................... 2287 HR 692-- Lynch, Paul D.; condolences ........................................................... 2287, 2485 HR 693-- Ocee Stars (2002); commend..................................................................... 2287 HR 694-- Community service boards; revenue maximization
efforts; commend ....................................................................................... 2287 HR 695-- Stanley, Cadet Colonel Amber; commend ................................................ 2288 HR 696-- Hallman, Randy E.; commend................................................................... 2288 HR 697-- Nutter, Colonel Cassel J., Jr.; commend.................................................... 2288

INDEX

4315

HR 698-- Meade, Helen; commend ........................................................................... 2288 HR 699-- Driver education fund; create; General Assembly
provide by law - CA......................................................................... 2444, 2467 HR 700-- House Study Committee on Local Government
Infrastructure; create ............................................................. 2444, 2467, 2924, 3174
HR 701-- Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies.................................................................. 2444, 2467
HR 702-- Culloden Highland Games and Scottish Festival; invite certain persons to House ............................................................................ 2453
HR 703-- House Study Committee on Lending and Financial Services; create ................................................................................ 2467, 2511
HR 704-- Adams, L. Clifford, Jr.; condolences......................................................... 2458 HR 705-- Weatherford, Whitney Leigh; condolences ............................................... 2458 HR 706-- Cole, Pannesha; condolences..................................................................... 2458 HR 707-- Taylor, Mr. and Mrs. Ivan Eugene; commend........................................... 2459 HR 708-- Maple, Dr. Terry; commend ...................................................................... 2459 HR 709-- House Interns of the 2003 Regular Session; commend ............................. 2459 HR 710-- Hayes, Navy Hospital Corpsman Eutica L.; commend ............................. 2459 HR 711-- DeKalb Choral Guild; commend ............................................................... 2459 HR 712-- Grayson, Dr. and Mrs. John Thomas; commend ....................................... 2459 HR 713-- Thomas, Professor Bill; commend ............................................................ 2460 HR 714-- Carroll County Central High School Lion Pride
Marching Band; commend ........................................................................ 2460 HR 715-- Medical Center Auxiliary of Columbus, Georgia; 40th
anniversary; commend............................................................................... 2460 HR 716-- Georgia Healthcare Volunteer Day; recognize May 28,
2003 ........................................................................................................... 2460 HR 717-- Littlefield, Jacquelyn; commend ............................................................... 2460 HR 718-- Norris, Tilden; condolences....................................................................... 2460 HR 719-- Morris, Honorable Greg and Amy; birth of second son;
commend.................................................................................................... 2460 HR 720-- Murphy, Lewis and Lillian; commend ...................................................... 2461 HR 721-- Swindell, Greg; commend ......................................................................... 2461 HR 722-- Senate Bill 23; urge consideration by House......................... 2510, 2518, 2598 HR 723-- Antioch Missionary Baptist Church; commend on 125th
anniversary................................................................................................. 2499 HR 724-- Hawkins, Elnora R.; commend.................................................................. 2499 HR 725-- Hawkins, Joseph Henry; commend ........................................................... 2499 HR 726-- Mileshko, Christopher; commend ............................................................. 2499

4316

INDEX

HR 727-- Daniel, Leona Davidson; commend .......................................................... 2499 HR 728-- Bryan, David; commend ............................................................................ 2499 HR 729-- Brown, John Ross; commend .................................................................... 2499 HR 730-- Pennacchio, Rachel; commend .................................................................. 2499 HR 731-- Sabo, Ciji Ann; commend.......................................................................... 2500 HR 732-- Corbett, Chris; commend........................................................................... 2500 HR 733-- Fallin, Brandon; commend ........................................................................ 2500 HR 734-- Gilbert, Blake; commend........................................................................... 2500 HR 735-- Pollitz, Connie; commend ......................................................................... 2500 HR 736-- Miller, Kim; commend .............................................................................. 2500 HR 737-- Boehm, Nancy; commend ......................................................................... 2500 HR 738-- Hayes, Allen; commend............................................................................. 2501 HR 739-- Calhoun, Christie; commend ..................................................................... 2501 HR 740-- Polak, Sir Jack; commend.......................................................................... 2501 HR 741-- Smith, Neta; commend .............................................................................. 2501 HR 742-- SKAL International Atlanta Day in Georgia; recognize
April 14, 2003 ............................................................................................ 2501 HR 743-- House Study Committee on Adapted Athletics; create ................... 2596, 2716 HR 744-- Iraq; postwar rebuilding; urge president and Congress
include African Americans .............................................................. 2596, 2716 HR 745-- House Study Committee on the Hearing Impaired;
create ..................................................................................... 2597, 2716, 2717, 3175
HR 746-- Holmes, Gary Mayo; condolences............................................................. 2587 HR 747-- Mitchell, Francis Marian; condolences...................................................... 2587 HR 748-- Jonesboro Fire Department; commend...................................................... 2587 HR 749-- White, Keaston; commend......................................................................... 2587 HR 750-- Olivarez, Vanessa; commend .................................................................... 2587 HR 751-- Newsome, Glenn; commend...................................................................... 2587 HR 752-- Proffitt, Nancy Gantt; commend................................................................ 2587 HR 753-- CSX Transportation's Rice Yard in Waycross;
commend.................................................................................................... 2588 HR 754-- Glaze, Claude Ramsden; condolences....................................................... 2588 HR 755-- National Emu Week in Georgia; recognize May 3-11,
2003 ........................................................................................................... 2588 HR 756-- McConnell, Gary W.; commend................................................................ 2588 HR 757-- Rink, Sandra Parrish; commend ................................................................ 2588 HR 758-- House of Representatives Staff, 2003 Regular Session;
commend.................................................................................................... 2588 HR 759-- Carter, Captain Chris, U. S. Army Ranger; commend .............................. 2588

INDEX

4317

HR 760-- House Meeting Georgia's Transportation Needs Through the Year 2025 Study Committee; create ................ 2597, 2716, 2925, 3176
HR 761-- Jefferson High School Wrestling Team; invite team and coaches to House ................................................................... 2618, 2719, 2742
HR 762-- Stewart, Amy; commend ........................................................................... 2643
HR 763-- "La Vision de Georgia Second Annual Awards"; recognize.................................................................................................... 2643
HR 764-- Georgia Hispanic Network, Inc.; commend .............................................. 2644
HR 765-- DePaolo, Rosemary; commend ................................................................. 2644
HR 766-- Donalsonville Hospital; commend ............................................................ 2644
HR 767-- Railroads in Georgia; commend on improved safety; remote controlled locomotives .................................................................. 2644
HR 768-- American armed forces; commend; prisoners of war; certain treatment ........................................................................................ 2644
HR 769-- Boslet, Ryan; condolences......................................................................... 2644
HR 770-- Calhoun Middle School Debate Team; commend..................................... 2645
HR 771-- Rockdale Magnet School for Science and Technology; commend.................................................................................................... 2645
HR 772-- Tudor, Jim; commend ................................................................................ 2645
HR 773-- Epilepsy Foundation of Georgia's Zero Lunches/Zero Nos Day; recognize.................................................................................... 2645
HR 774-- Speir, Don; commend ................................................................................ 2645
HR 775-- Hudson, Honorable Helen Collins Bomar Selman; condolences................................................................................................ 2645
HR 776-- Knight, Michelle; commend ...................................................................... 2645
HR 777-- Junior Achievement Hispanic Initiative; commend .................................. 2780
HR 778-- Cumberland Island; access to wilderness section; urge action to support............................................................................... 2939, 3305
HR 779-- Iraq's cultural artifacts; looted and destroyed; urge U. S. restore and preserve ......................................................................... 2940, 3305
HR 780-- Tobacco tax proceeds; uses; Medical Trust Fund - CA................... 2940, 3305 HR 781-- House Study Committee on Pari-mutuel Betting on
Horse Racing; create........................................................................ 2940, 3305 HR 782-- Gilmore, James C. (Jim); condolences ...................................................... 2780
HR 783-- Bennett, Gregory Charles, Jr.; condolences............................................... 2780 HR 784-- Childs, Vontressa; commend ..................................................................... 2780
HR 785-- Bryan County 2002-2003 STAR students and STAR teachers; commend .................................................................................... 2780
HR 786-- Effingham County 2002-2003 STAR students and STAR teachers; commend ......................................................................... 2781

4318

INDEX

HR 787-- Woodham, J. Steve; commend .................................................................. 2781 HR 788-- Smith, Nancy; commend ........................................................................... 2781 HR 789-- Smith, Kono; commend ............................................................................. 2781 HR 790-- Hall, Teresa; commend .............................................................................. 2781 HR 791-- Daily, Karen; commend............................................................................. 2781 HR 792-- Williams, Valerie; commend ..................................................................... 2781 HR 793-- Channell, Robert Melvin, IV; celebrate birth ............................................ 2782 HR 794-- Finley, Arthur J.; commend ....................................................................... 2782 HR 795-- Providence Primitive Baptist Church of Roberta;
commend.................................................................................................... 2782 HR 796-- Bradley, Gary; commend........................................................................... 2782 HR 797-- Shepherd, John Scott, Jr.; celebrate birth .................................................. 2782 HR 798-- Ellison, Wynathia; commend..................................................................... 2782 HR 799-- Dia de la Mujer Latina health festival; recognize May 3,
2003 ........................................................................................................... 2782 HR 800-- Hill, Topedric; commend........................................................................... 2783 HR 801-- Beersheba Presbyterian Church; commend ............................................... 2783 HR 802-- Dolder, Andrew; commend ....................................................................... 2783 HR 803-- Salem United Methodist Church; commend.............................................. 2783 HR 804-- Eaves, Martha Talbot; commend............................................................... 2783 HR 805-- Keeney, Private John Adam; commend..................................................... 2783 HR 806-- Phinazee, Jo Anne; commend.................................................................... 2784 HR 807-- Givens, Rosa; commend ............................................................................ 2784 HR 808-- Gaulden, Lillie Bell; commend.................................................................. 2784 HR 809-- Clark, Mary; commend .............................................................................. 2784 HR 810-- Davis, Windell; commend ......................................................................... 2784 HR 811-- Lane, Ellen; commend ............................................................................... 2784 HR 812-- Odom, Laurinda; commend ....................................................................... 2784 HR 813-- Microtel Inn and Suites in Lithonia; commend ......................................... 2925 HR 814-- Community improvement district; imposition of sales
tax; approval - CA............................................................................ 2941, 3305 HR 815-- Veterans' health care; insure mandatory funding;
memorialize Congress...................................................................... 2941, 3305 HR 816-- Nuestra Belleza Latina, Miss Georgia Latina 2003
Pageant; recognize April 18, 2003............................................................. 2925 HR 817-- Hubbard Training School; recognize Georgia State
Historical Marker Ceremony ..................................................................... 2925 HR 818-- Public transportation; corporation or authority; General
Assembly create - CA ................................................................................ 3304

INDEX

4319

HR 819-- House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create .......................................................... 3304
HR 820-- Adult entertainment; licensing; urge DeKalb County enforce existing laws ................................................................................. 3304
HR 821-- Newnan United First Methodist Church; commend on 175th anniversary....................................................................................... 3074
HR 822-- Stewart, Amy; commend ........................................................................... 3074 HR 823-- Grady General Hospital; commend ........................................................... 3074 HR 824-- Cancer Hope and Remembrance Observance Weekend;
recognize.................................................................................................... 3074 HR 825-- Harper, Shirley Ann and Max; commend.................................................. 3074 HR 826-- Fort Oglethorpe; Veteran's History Day and 103rd
annual reunion of the 6th United States Calvary; recognize.................................................................................................... 3074 HR 827-- Shipman, Calvin; commend....................................................................... 3075 HR 828-- National Day of Prayer; recognize May 1, 2003 ....................................... 3075 HR 829-- Catoosa County; commend on 150th anniversary ..................................... 3075 HR 830-- American Red Cross; commend ................................................................ 3075 HR 831-- Proctor, Honorable Walter Bain, Jr.; condolences .................................... 3075 HR 832-- Spencer, Chief Roger Alan; condolences .................................................. 3075 HR 833-- Doverspike, Richard William; commend .................................................. 3076 HR 834-- Beam, Addison MacKenzie; celebrate birth.............................................. 3076 HR 835-- Davis, Howard H., Jr.; commend .............................................................. 3076 HR 836-- Hampton, Addie; commend....................................................................... 3076 HR 837-- Gallman, Alex; commend .......................................................................... 3076 HR 838-- Wayne County Sports Hall of Fame 2003 inductees; commend.................................................................................................... 3076 HR 839-- Glover, Robert H.; commend..................................................................... 3076 HR 840-- Smith, Honorable Charlie; commend ........................................................ 3077 HR 841-- Hudson, Helen Collins Bomar; condolences ............................................. 3077 HR 842-- Humphrey, Natasha; commend ................................................................. 3077 HR 843-- Thurmond, Charles James; condolences.................................................... 3077 HR 844-- Waller, Honorable Thomas G.; condolences............................................. 3077 HR 845-- Newnan Presbyterian Church; commend on 175th anniversary................................................................................................. 3077 HR 846-- Clark, Dr. Thomas L., Sr.; commend ........................................................ 3077 HR 847-- Adjournment; relative to.................................................................. 3129, 3255 HR 848-- Patterson Bank; commend ......................................................................... 3162 HR 849-- Rho Zeta Omega Chapter, Alpha Kappa Alpha Sorority, Inc.; recognize fifteenth anniversary ......................................................... 3163

4320

INDEX

HR 850-- Kubota Manufacturing of America; commend.......................................... 3163 HR 851-- Greater Jordan Chapel African Methodist Episcopal
Church and Rev. Ronald L. Slaughter; commend ..................................... 3163 HR 852-- Johnson, Major George; commend............................................................ 3163 HR 853-- Ford Motor Company; commend on 100th anniversary ........................... 3163 HR 854-- Sears, Joe; commend.................................................................................. 3163 HR 855-- Homeland security; urge president and Congress
provide funding.......................................................................................... 3305 HR 856-- Collins, Officer Melvin Earl; condolences ................................................ 3994 HR 857-- Special license plates promoting charitable
organizations; provisions - CA .................................................................. 3305 HR 858-- Cox, Charles Kennedy; commend ............................................................. 3402 HR 859-- Redman, Timothy Scott; commend ........................................................... 3402 HR 860-- Lawson, Honorable Eugene; commend..................................................... 3402 HR 861-- Baker, Charles Alfred "Chuck"; commend ............................................... 3402 HR 862-- Pembroke First Baptist Church; commend................................................ 3402 HR 863-- Georgia Africa Society of The National Summit on
Africa; commend ....................................................................................... 3403 HR 864-- Reiling, Mary; commend ........................................................................... 3403 HR 865-- Wilde, Matthew E.; commend ................................................................... 3403 HR 866-- Riverdale High School Lady Raiders basketball team;
commend.................................................................................................... 3403 HR 867-- Liberty Day in Georgia; recognize ............................................................ 3403 HR 868-- Schaffner, Dr. Donald Paul; commend...................................................... 3403 HR 869-- Turner, Annette Howell; condolences ....................................................... 3403 HR 870-- Bailey, Sean D.; commend ........................................................................ 3404 HR 871-- Ellenberg, Marjorie; commend .................................................................. 3404 HR 872-- Wildhorse Creek Service Unit; Junior Girl Scout Troop;
commend.................................................................................................... 3404 HR 873-- Commerce Competitive Cheerleading Team; commend........................... 3404 HR 874-- Williamson, Coy C., Jr.; condolences........................................................ 3404 HR 875-- Powers, Jason; commend........................................................................... 3404 HR 876-- Blacks Creek Baptist Church; commend................................................... 3404 HR 877-- Delta Sigma Theta Sorority, Inc.; Atlanta Suburban
Alumnae; commend................................................................................... 3405 HR 878-- Giorgio, Dr. Douglas J., Jr.; President, Georgia Dental
Association; commend............................................................................... 3405 HR 879-- Vaughns, Lewis Debreczen; commend ..................................................... 3405 HR 880-- Jones, Dr. T. Howard; president of the American Dental
Association; commend............................................................................... 3405

INDEX

4321

HR 881-- Hartwell Service League; commend.......................................................... 3405 HR 882-- Coulter, Charles Michael "Mike"; condolences ........................................ 3405 HR 883-- Shiflet, Jonathan; commend....................................................................... 3405 HR 884-- Hart County's Sesquicentennial; celebrate................................................. 3406 HR 885-- Minyard, Gary; commend.......................................................................... 3406 HR 886-- Roland, Donald "Lance"; condolences ...................................................... 3406 HR 887-- Thompson, Harvey E.; condolences .......................................................... 3406 HR 888-- Ridgway, Joanne; commend ...................................................................... 3406 HR 889-- Dyer, Jodi; commend................................................................................. 3406 HR 890-- Oglesby, Eula Mae; condolences............................................................... 3406 HR 891-- Rogers, Anna; commend ........................................................................... 3406 HR 892-- Doster, Doris L.; condolences ................................................................... 3407 HR 893-- Smith, Archie; condolences ....................................................................... 3407 HR 894-- Allen, Broadus "Harold"; condolences...................................................... 3407 HR 895-- Dickson, Thomas Sinclair; commend........................................................ 3407 HR 896-- Oconee County; US military personnel who served in
Iraq; commend ........................................................................................... 3407 HR 897-- Alpharetta, City of; commend ................................................................... 3407 HR 898-- Bridges, Dr. Barnard Jackson; commend .................................................. 3407 HR 899-- Smith, Wharton "Paul" IV; commend ....................................................... 3408 HR 900-- Milford, Honorable William D. (Billy); condolences ............................... 3408 HR 901-- Tribble, Wilbur Ogden (Buddy); commend .............................................. 3408 HR 902-- Jerkins, Mayor Joe; commend ................................................................... 3408 HR 903-- Dedeaux, Joyce; commend ........................................................................ 3408 HR 904-- Driskill, Woody; commend ....................................................................... 3408 HR 905-- Newell, Laura Louise Melson; condolences.............................................. 3408 HR 906-- Blount, Aaron J.; condolences ................................................................... 3409 HR 907-- Rector, Schuyler; commend....................................................................... 3409 HR 908-- Williamson, Danny and Larry and Williamson Brothers
Barbeque; commend .................................................................................. 3409 HR 909-- Rowe, Donna; commend ........................................................................... 3409 HR 910-- Tyson, Edwin Louis; condolences............................................................. 3409 HR 911-- Saye, C. David; commend ......................................................................... 3409 HR 912-- Smith, Zachary H.; commend .................................................................... 3409 HR 913-- Governor; invite to House ......................................................................... 3931 HR 916-- Meadows, Lori; commend ......................................................................... 3995 HR 917-- Heard County; US military personnel who served in
Iraq; commend ........................................................................................... 3995

4322

INDEX

HR 918-- Madison County; US military personnel who served in Iraq; commend ........................................................................................... 3995
HR 919-- Carroll County; US military personnel who served in Iraq; commend ........................................................................................... 3995
HR 920-- Coweta County; US military personnel who served in Iraq; commend ........................................................................................... 3995
HR 921-- Cherokee County; US military personnel who served in Iraq; commend ........................................................................................... 3995
HR 922-- Massengale, Kathy; recognize Kindergarten Class ................................... 3996
HR 923-- "Take a Loved One to the Doctor Day"; recognize September 16, 2003 ................................................................................... 3996
HR 924-- Savannah Arts Academy's Silver Winds Ensemble; commend.................................................................................................... 3996
HR 925-- Sherrill, Frank W.; commend .................................................................... 3996
HR 926-- Whitfield County; US military personnel who served in Iraq; commend ........................................................................................... 3996
HR 927-- Sports, W. Don and Ida Mae; commend.................................................... 3996
HR 928-- Edwards, Hallie Ward; commend.............................................................. 3996
HR 929-- Murray County; US military personnel who served in Iraq; commend ........................................................................................... 3997
HR 930-- Clarke County; US military personnel who served in Iraq; commend ........................................................................................... 3997
HR 931-- Gordon County; US military personnel who served in Iraq; commend ........................................................................................... 3997
HR 932-- Krueger, William Kirk, Jr.; commend ....................................................... 3997
HR 933-- Fannin County; US military personnel who served in Iraq; commend ........................................................................................... 3997
HR 934-- Lumpkin County; US military personnel who served in Iraq; commend ........................................................................................... 3997
HR 935-- Gilmer County; US military personnel who served in Iraq; commend ........................................................................................... 3998
HR 936-- Pickens County; US military personnel who served in Iraq; commend ........................................................................................... 3998
HR 937-- Dawson County; US military personnel who served in Iraq; commend ........................................................................................... 3998
HR 938-- Hall County; US military personnel who served in Iraq; commend.................................................................................................... 3998
HR 939-- Moon, Deloras; commend ......................................................................... 3998

PART IV
SENATE BILLS IN HOUSE
SB 1-- Cruelty to Children; endangerment; criminal negligence..... 1552, 1555, 1624, 3069, 3383
SB 2-- Senate districts; reapportion .................................................. 1553, 1556, 1624 SB 5-- Sexually offensive material or content; distribution
through electronic media ....................................................... 1764, 1768, 1846 SB 7-- Air ambulance services; licensure and regulation ............ 279, 279, 316, 2462,
2585 SB 8-- Budget Act; eliminate continuation budget report; apply
zero-base budgeting ............................................................... 2243, 2249, 2446 SB 9-- Chatham County; state court; additional judge ................ 279, 280, 316, 1077,
1081, 1478 SB 11-- Income tax; jobs tax credits; less developed areas;
business closings in areas comprising military bases .................. 655, 657, 711 SB 12-- Disabled adults and elder persons; penalties for abuse,
neglect, and exploitation of.......................................................... 416, 417, 589 SB 13-- Driving under the influence; alcohol or drugs; new
offense of refusal to submit chemical testing ....................... 1885, 1889, 2234, 2718
SB 14-- Agriculture; Department of; certain Dairy Act penalty; delete provisions ............................................................... 371, 371, 409, 1452, 2454
SB 20-- Reckless conduct; certain assault by person infected with HIV or hepatitis; endangering peace or correctional officers .............................................................. 1087, 1089, 1265, 2462, 2639
SB 22-- First offenders; records disclosure when applying for certain employment............................................................... 1037, 1040, 1075, 2468, 2765, 2915
SB 23-- Abortion; Woman's Right To Know Act; enact ................ 895, 895, 922, 2620 SB 24-- Child care or daycare facilities; liability insurance
coverage ............................................................................ 757, 758, 839, 2923, 3815, 3847
SB 26-- Sheriffs; nonpartisan elections............................................... 1274, 1276, 1468 SB 27-- Trial Juries; panels; selection; equal number of
peremptory strikes........................................................................ 591, 593, 617

4324

INDEX

SB 29-- Pagers and electronic communication devices; possession by students ...................................................... 716, 717, 742, 1756, 2624, 3398
SB 31-- Ethics; reforms, campaign contributions, activities on behalf of inmates................................................................ 592, 593, 617, 3069
SB 33-- The Mighty Eighth Air Force Heritage Museum; designate official center for character education; Funk Heritage/Bennett Center at Reinhardt College; designate official frontier and Southeastern Indian Interpretive Center ............................................................ 620, 621, 647, 3172, 3261, 3394
SB 37-- Electric personal assistive mobility devices; mopeds; definitions and regulations................................................ 757, 759, 839, 1851, 2494, 3398
SB 43-- Municipal charter commissions; create; provisions .............. 1477, 1479, 1544
SB 44-- Guardian ad litem; liability for damages; immunity ................... 656, 657, 711
SB 45-- Criminal procedure; demand for trial; service on assigned judge; expiration; appeal........................................ 1639, 1646, 1748, 2717
SB 46-- Peace Officer and Prosecutor Training Fund; receipts and appropriations; accounting provisions ....................... 656, 657, 711, 2504, 3135, 3273
SB 47-- Pardons and paroles; transfer of supervision to another state; fees............................................................................... 1639, 1646, 1748, 2446, 3903, 4000
SB 48-- Juvenile proceedings; disposition and evidence against child in civil action ...................................................................... 656, 658, 711
SB 51-- Computer Pornography and Child Exploitation Prevention Act; unlawful acts; change penalties .................. 1639, 1647, 1748, 2462
SB 52-- Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ........... 1640, 1647, 1748
SB 53-- Fair Lending Act; amend provisions .................................. 401, 417, 589, 713, 973, 979, 1249
SB 55-- Adoptions and child-placing agencies; records access; birth records ........................................................................... 1640, 1647, 1748
SB 71-- Counselors providing disaster relief services; license exemption.......................................................................... 716, 717, 742, 2503, 2640, 3913

INDEX

4325

SB 73-- State property; restrictions on naming or renaming for public officials .................................................................. 416, 418, 589, 2720, 3280, 3292, 3683, 3844, 3850, 3908, 4001
SB 76-- General Assembly and Lieutenant Governor; temporary reduction in salary........................................................................ 716, 717, 742
SB 77-- Keeping a place of prostitution; penalty provisions .............. 2244, 2249, 2446
SB 78-- Financial institutions; comprehensive revision of provisions.................................................................................. 930, 931, 1033, 1453, 2457
SB 80-- Child support and custody issues; deprived child; juvenile court jurisdiction ..................................................... 1640, 1648, 1748, 2717, 3185, 3394
SB 81-- Emergency Medical Services Medical Directors Advisory Council; create ...................................................... 1640, 1648, 1748, 2717, 3239, 3399
SB 82-- Ethics; disposition of excess campaign contributions ........... 1641, 1648, 1748
SB 83-- County law libraries; board members; use of collected funds............................................................................................. 417, 418, 589
SB 84-- Chatham County; reimbursement for cost of collecting school taxes....................................................................... 848, 849, 891, 2599, 2601, 3395
SB 85-- Optometry; practicing without a license; punishment .............. 930, 932, 1033, 1632, 2496, 3399
SB 86-- Local government; transfer of development rights; amend provisions ...................................................................... 930, 932, 1033, 2711, 2986
SB 87-- War on Terrorism Local Assistance Act; enact; revenue bonds; gas facilities............................................................... 1038, 1041, 1075, 2710, 3142, 3399
SB 88-- Music Hall of Fame; advisory committee; Sports Hall of Fame; advisory committee ............................................... 1038, 1041, 1075, 2924, 3207
SB 91-- Legislative and congressional reapportionment; specify requirements; community of interest ........................................... 592, 593, 617
SB 93-- Eastern Cherokee Indian Tribe; revise address ..................... 2244, 2250, 2446
SB 94-- Coastal Marshlands Protection Act; exemption; private dock; residence ..................................................................... 1038, 1041, 1075, 1851, 2453
SB 96-- Health insurance; covered benefits; off-label prescription drugs ................................................................. 1039, 1042, 1075, 2503, 3136, 3395

4326

INDEX

SB 97-- Real estate transfer tax; superior court clerk collect; exemptions for certain transfers............................................ 1274, 1276, 1468, 2812, 3591, 3844
SB 101-- Sexually violent predators; prohibit where minors congregate; keeping a place of prostitution involving minors; penalties ................................................................... 1641, 1649, 1748, 2462, 2620
SB 102-- Indigent Defense Act of 2003; enact; circuit public defender; multicounty capital defender ....................................... 656, 658, 711
SB 104-- Deposit account fraud; maximum service charge; increase ................................................................................. 1641, 1649, 1748, 2461, 2521
SB 105-- Bad checks; damages; maximum service charge; mailing notices...................................................................... 1641, 1649, 1748, 2461, 2625, 3395
SB 108-- Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions............................................................. 1642, 1650, 1748
SB 109-- Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments...................................................................... 848, 849, 891, 2502
SB 113-- Open records and open meetings; exceptions to disclosure provisions............................................................. 1642, 1650, 1748, 3069, 3201, 3293, 3410, 3476, 3675, 3817, 4001
SB 115-- Minority business enterprises; certification procedures; amend provisions ................................................................... 1039, 1042, 1075
SB 116-- Juvenile proceedings; discovery and disclosure provisions.............................................................................. 1642, 1650, 1748, 2717, 3331, 3480
SB 117-- Sheriffs; certain business activities; prohibit........................ 1274, 1277, 1468, 2719, 3217, 3395
SB 119-- Appeals; DNA testing; postconviction proceedings; retention of evidence; victim notification............................. 1886, 1889, 2234, 2256, 2717, 3347, 3913
SB 120-- Special license plates; Purple Heart, Bronze Star, Silver Star, or Distinguished Service Cross recipients........................... 757, 759, 839
SB 121-- Property; removal and storage of commercial vehicles; regulations................................................................................. 930, 932, 1033, 2718, 3679, 3844

INDEX

4327

SB 123-- Family violence and stalking protective order registry; standardized forms; recording procedures............................ 2244, 2250, 2446, 2712, 3879
SB 124-- Computer pornography and child sexual exploitation; increase penalties .................................................................. 1088, 1089, 1265, 2719
SB 127-- Public roads; allocation of state and federal funds; remove MARTA provisions .................................................. 1274, 1277, 1468
SB 129-- Health; sewage management systems; soil reports; soil classifiers and other professionals ........................................ 1477, 1479, 1544, 2468, 3880
SB 132-- Corporations; reservation of names and filing fees; change provisions ................................................................. 1643, 1651, 1748, 2717, 3342, 3480
SB 133-- Common Sense Civil Justice Reform Act; enact................... 1764, 1769, 1846
SB 134-- Watercraft; vessel classification; equipment; reportable accidents.................................................................................... 931, 933, 1033, 1523, 2638
SB 136-- MARTA; reserve funds; use of interest income for operating costs ...................................................................... 2360, 2367, 2446, 2720, 3389
SB 142-- Fulton County; homestead exemption; senior citizens.......... 3064, 3069, 3305
SB 145-- Prescription drugs by mail; enrollees in HMO health benefit plans........................................................................... 1039, 1042, 1075
SB 147-- Family Violence Shelter Confidentiality Act of 2003; penalties for disclosing information ..................................... 1643, 1651, 1748, 2462
SB 148-- Juvenile proceedings; deprived children; amend provisions............................................................................... 1643, 1652, 1748
SB 150-- Hotels and motels; excessive room rates during special sporting events; prohibit ........................................................ 2244, 2250, 2446
SB 151-- Peeping Toms; spying upon or invading the privacy of another .................................................................................. 2245, 2251, 2446, 2591
SB 153-- Elections; qualifying fees; certain county officials ............... 1088, 1089, 1265
SB 154-- Gwinnett County; sheriff's office; vacancy ........................... 1553, 1556, 1624
SB 155-- Deferred compensation plans; contributions from employers and employees..................................................... 1088, 1090, 1265, 1454, 2497
SB 156-- Life insurance on employee; procedures for employer purchase; written consent of insured .................................... 1039, 1043, 1075, 2503, 2801

4328

INDEX

SB 157-- Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ................................................................................. 2009, 2009, 2234
SB 158-- LaGrange, City of; Gas Authority Act; enact....................... 1039, 1043, 1075, 2599, 2602
SB 159-- Employee's retirement options; early retirement incentives ............................................................................... 2281, 2282, 2446
SB 161-- Ad valorem tax assessment; taxpayer appeals; certain refunds ................................................................................... 1643, 1652, 1748
SB 162-- Health Care Protection Act; violations of licensing provisions; penalties .............................................................. 1275, 1277, 1468
SB 166-- Insurance; individual deferred annuities; minimum nonforfeiture rate ...................................................................... 931, 933, 1033, 2503, 3062, 3396
SB 167-- Employment security; contribution rates; employee leasing companies and professional employer organizations......................................................................... 1088, 1090, 1265, 2711, 3058, 3259, 3284, 3291, 3367, 3991, 4001, 4003
SB 168-- Ethics in government; comprehensive reforms .................... 1643, 1652, 1748, 2502
SB 169-- Fire departments and firefighters; standards and certification; Firefighter Standards and Training Council.................................................................................. 1644, 1653, 1748, 2718, 3243, 3292, 3434, 3477, 3663, 3820, 4002
SB 172-- Environmental policy; regulatory decisions; publication requirements.......................................................................... 1765, 1769, 1846, 2468
SB 173-- Commercial motor vehicles and school buses; prohibitions ........................................................................... 1644, 1653, 1748, 2718, 3678
SB 174-- Torts; structured settlement payment rights; court filings; cancellation rights...................................................... 1644, 1653, 1748
SB 175-- Criminal procedure; discovery; scientific reports; sentencing hearings................................................................ 2361, 2367, 2446
SB 178-- Certified school counselors and certified school social workers; salary increase........................................................ 1645, 1654, 1748, 2589, 3219, 3393, 3573

INDEX

4329

SB 179-- Patient Safe Prescription Drug Act; electronic prescription drug orders ......................................................... 2245, 2251, 2446
SB 182-- Nuisance abatement liens and tax liens; collection procedures; foreclosures ....................................................... 1553, 1556, 1624, 2512, 3223, 3292, 3683, 3843
SB 183-- Livestock; contagious diseases, chemicals, poisons, toxins; reports ....................................................................... 1645, 1654, 1748, 2710, 3009, 3396
SB 187-- Terrorism Prevention Act of 2003; Criminal Justice Coordinating Council membership; training of airport managers ............................................................................... 2245, 2251, 2446, 2591, 2793, 3399
SB 190-- Marriage licenses; testing for syphilis; repeal requirements.......................................................................... 1275, 1277, 1468, 2717, 3677
SB 192-- Adoptions and vital records; amend provisions.................... 1645, 1654, 1748, 2504, 2987, 3396
SB 193-- Teachers; employment rights; compensation for increase in student test scores ............................................... 2359, 2368, 2446, 2811, 3330, 3335, 3431
SB 197-- Fulton County; certain recreational programs; repeal constitutional amendment authorizing................................... 2785, 2788, 2942
SB 198-- Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth .......... 2245, 2252, 2446, 2718
SB 200-- Child protective services; access to criminal history records................................................................................... 2246, 2252, 2446, 2598, 3055
SB 201-- Child abuse records; access by Office of School Readiness and Department of Education.............................. 2246, 2252, 2445, 2598, 3057
SB 202-- Cartersville, City of; building authority; create.................... 2607, 2613, 2716, 3656, 3656
SB 203-- Virtual charter schools; provisions ........................................ 2246, 2253, 2445
SB 204-- Atlanta, City of; board of education and independent school system; amend provisions ......................................... 2787, 2788, 2942, 3656, 3657, 3845
SB 205-- Drugs; illegal activities; anhydrous ammonia, amphetamine, methamphetamine, marijuana; increase criminal penalties.................................................................. 1477, 1480, 1544, 2468, 2629, 3396

4330

INDEX

SB 206-- Butts County; board of elections and registration; create..... 2479, 2485, 2511, 3861, 3861
SB 207-- Timber harvesting operations; local regulatory authority..... 1553, 1557, 1624, 2718, 3339, 3913
SB 208-- Cobb County; deputy superior court clerk; compensation ........................................................................ 1275, 1278, 1468, 3307, 3309
SB 209-- DeKalb County; board of registration and elections; provisions.............................................................................. 2607, 2613, 2716, 3070, 3126, 3400
SB 210-- Home school students; eligibility; extracurricular programs in public schools .................................................... 2357, 2368, 2445
SB 211-- Business corporations; mergers or share exchange; shareholders' rights ............................................................... 2281, 2282, 2445, 2504, 2802, 3397
SB 213-- Fireworks; pyrotechnics displays; licensure and regulations............................................................................. 1553, 1557, 1624, 2504, 2622
SB 214-- Death investigations; regional medical examiner; redefine ................................................................................. 1645, 1655, 1748, 2591, 3214, 3397
SB 215-- Peace officer training costs; reimbursement; change of employment .......................................................................... 2246, 2253, 2445, 2718, 3213
SB 216-- Charter Schools; amend provisions ....................................... 1886, 1890, 2234
SB 217-- Civil practice; class actions; comprehensive revisions.......... 1554, 1557, 1624
SB 218-- Emergency management agencies; certain employees; indemnification ..................................................................... 1886, 1890, 2234, 2504
SB 221-- Transportation Department investigators; transportation funds; toll revenues............................................................... 1554, 1558, 1624, 2925, 3209, 3914
SB 222-- Cobb County; commission on children and youth; recreate ..................................................................................... 1554, 1558, 1624, 3307, 3309, 3912
SB 223-- Teachers or other professional employees; contracts; complete terms...................................................................... 2247, 2253, 2445, 2812, 3649
SB 224-- Powder Springs, City of; mayor and council; residency requirement ........................................................................... 2785, 2789, 2942, 3307, 3310
SB 228-- Special license plates; professional sports team foundations............................................................................. 1765, 1769, 1846

INDEX

4331

SB 229-- Drivers' licenses; court conviction reports; transmittal fees ........................................................................................ 2247, 2254, 2445, 2718, 3355, 3394, 3850
SB 231-- Fulton County; library system; specify name; membership............................................................................ 2785, 2789, 2942
SB 233-- Workers' compensation; employee's medical treatment; disability; benefits................................................................. 1765, 1770, 1846, 2590, 2791, 3400
SB 236-- Juvenile proceedings; child placement order; amend provisions.............................................................................. 2280, 2282, 2445, 2717, 3190, 3397
SB 239-- Senate districts; reapportion .................................................. 2247, 2254, 2445
SB 243-- Emergency management; unified incident command system; provisions................................................................. 2247, 2254, 2445, 2590
SB 244-- Tuition equalization grants; private colleges and universities; eligibility and use ............................................. 2364, 2368, 2445, 2924, 3236, 3393, 3444
SB 245-- Cobb County; board of commissioners; compensation........ 2479, 2485, 2511, 3070, 3127
SB 246-- Water reservoirs; locally funded; state take-over; compensation ........................................................................ 1766, 1770, 1846, 2718
SB 247-- Greenspace Trust Fund; taxpayer voluntary income tax contributions ......................................................................... 1766, 1770, 1846, 2468, 3166
SB 248-- Education accountability; comprehensive revision of provisions; Office of Student Achievement ......................... 1887, 1891, 2234, 2924
SB 249-- Education expenditures; advanced placement test fees; class sizes; sales tax for educational purposes...................... 1887, 1891, 2234, 2924, 3666, 3846
SB 250-- Motor vehicles; certificate of title applications; owner's legal name and driver's license number ................................ 1766, 1771, 1846, 1851, 2795, 3256, 3851
SB 251-- Warren County; board of education; nonpartisan election.................................................................................. 2607, 2613, 2716, 3861, 3863
SB 252-- Hart County; board of education; compensation .................. 2608, 2614, 2716, 3307, 3311

4332

INDEX

SB 254-- Whistleblowers' Protection Act for Public School Employees; enact .................................................................. 1887, 1892, 2234, 2589
SB 255-- University System employees; doing business with state; limited exception to prohibition .................................. 1646, 1655, 1748, 2503, 2623
SB 256-- Transit buses; use of emergency lanes.................................. 1766, 1771, 1846, 3173, 3988
SB 257-- Transportation Department; unsolicited proposals; use of state funds in mass transportation projects....................... 2248, 2255, 2445, 2721, 3264, 3292, 3380, 3393, 3410, 3895, 4002
SB 258-- Elections; comprehensive revisions; direct recording electronic voting systems...................................................... 1767, 1771, 1846, 2589, 2744, 2914, 2947, 3257, 3279, 3766, 4002
SB 260-- Buford, City of; new charter ................................................. 1888, 1892, 2234, 2599, 2603, 3400
SB 261-- Code enforcement boards and procedures; zoning adjacent to military bases...................................................... 2248, 2255, 2445, 2720, 3574, 3843, 3859
SB 262-- Drivers' license application; use of military identification card ................................................................. 2361, 2369, 2445, 2791
SB 264-- Community living arrangements and drug abuse treatment and education programs; licensure; regulations............................................................................. 2365, 2369, 2445, 2717, 3360
SB 265-- Automated external defibrillators; registration with Department of Human Resources......................................... 2362, 2369, 2445, 2717, 3361
SB 266-- College students; vaccination against meningococcal meningitis............................................................................... 2362, 2370, 2445
SB 270-- Wrens, City of; mayor pro tem; provisions .......................... 2608, 2614, 2716, 3861, 3861
SB 272-- Telemarketing; no-call list; mobile or wireless telephones ............................................................................. 2248, 2255, 2445, 2590, 3141
SB 273-- Public-Private Infrastructure Act of 2003; enact ................... 2248, 2256, 2445

INDEX

4333

SB 275-- Macon County; education districts; reapportion .................. 2608, 2614, 2716, 3307, 3311
SB 276-- Macon County; commissioner districts; reapportion............ 2608, 2615, 2716, 3307, 3316
SB 277-- Ad valorem tax; conservation use covenant; renewal period .................................................................................... 2358, 2370, 2445, 2721, 3260
SB 278-- Telfair County; commissioner districts; reapportion............ 1888, 1892, 2234, 3070, 3127
SB 280-- Vehicle liability insurance; cancellation by member of armed forces ordered abroad ................................................ 2357, 2370, 2445, 2791
SB 281-- Adoption; prohibit the sale or offer for sale of a child by parent or guardian ................................................................. 2361, 2371, 2445, 2717
SB 282-- Health insurance; state employees no longer covered by federal insurance plan ........................................................... 2365, 2450, 2467, 2503
SB 283-- Special license plates; "Share the Road" message; motorists and bicyclists.......................................................... 2360, 2371, 2445
SB 288-- Jackson County; probate judge and chief magistrate; nonpartisan elections.............................................................. 2479, 2486, 2511
SB 289-- Franklin County; probate judge and chief magistrate; nonpartisan elections............................................................. 2480, 2486, 2511, 2599, 2604, 3397
SB 290-- Franklin County; county attorney; amend provisions .......... 2729, 2739, 2942, 3656, 3658, 3845
SB 291-- Historic preservation grants program; combat veterans' gravesites .............................................................................. 2359, 2371, 2445, 2718, 3189
SB 292-- Law enforcement agencies; emergency response and vehicular pursuit policies ...................................................... 2361, 2372, 2445, 2718, 3241, 3293, 3381
SB 293-- Domestic violence; protection of victims; protective orders .................................................................................... 2363, 2372, 2445, 2717
SB 294-- School systems; purchasing contracts over $5000; regulations.............................................................................. 2280, 2283, 2445
SB 295-- Newton County; commissioner districts; reapportion .......... 2480, 2486, 2511, 2720, 2726

4334

INDEX

SB 301-- Special license plates for persons with disabilities; include disabled parents........................................................ 2358, 2372, 2445, 2791
SB 308-- Joint Cartersville-Bartow County Regional Development Authority; tax exemption ............................... 2608, 2615, 2716, 3307, 3321
SB 312-- Graffiti; compensation to property owners; local governments establish programs............................................ 2363, 2373, 2445
SB 313-- Graffiti; compensation to property owners; use of inmate labor to remove .......................................................... 2363, 2373, 2445
SB 317-- Deer hunting; closed and open seasons, bag limits, and antler restrictions; amend provisions ..................................... 2364, 2374, 2445
SB 320-- Troup County; public facilities authority; create.................. 2480, 2487, 2511, 2721, 2726
SB 321-- Meriwether County; probate judge; nonpartisan elections ................................................................................ 2480, 2487, 2511, 2721, 2723
SB 322-- Troup County; commissioner districts; reapportion ............. 2481, 2487, 2511, 2812, 2815
SB 323-- Troup County; probate judge; nonpartisan elections............ 1477, 2481, 2488, 2511, 2721, 2724
SB 327-- Temple, City of; council districts; reapportion..................... 2481, 2488, 2511, 2721, 2727
SB 329-- Spending Account and Consumer Driven Health Plan Advancement Act; enact....................................................... 2358, 2374, 2445, 2503, 2775, 2915, 3079, 3256, 3278, 3651, 4003
SB 331-- Powder Springs, City of; downtown development authority; limit powers to levy taxes on residential property................................................................................. 2787, 2789, 2942, 3307, 3322
SB 332-- Hart County; probate judge and chief magistrate; nonpartisan elections............................................................. 2481, 2489, 2511, 2599, 2605, 3398
SB 333-- Vaccination program for emergency responders; contingent upon bioterrorism funding .................................. 2358, 2374, 2445, 2717
SB 336-- Torts; federal smallpox vaccination program; hospitals and employees and health care providers and workers; immunity................................................................................ 2360, 2375, 2445
SB 338-- Ethics; distribution of campaign contributions; ordinary, necessary expenses ............................................... 2366, 2450, 2467

INDEX

4335

SB 342-- Bid opportunities for local governments and boards of education; advertisement ....................................................... 2366, 2450, 2467
SB 343-- White County; education districts; reapportion..................... 2482, 2489, 2511
SB 344-- State employees; consumer driven health plan option; provisions............................................................................... 2364, 2375, 2446
SB 345-- State fire marshal; law enforcement personnel and powers................................................................................... 2364, 2375, 2446, 2718, 3926, 4000
SB 346-- Teen dating violence; prevention education program .......... 2360, 2376, 2446, 2924, 3354
SB 347-- Property; exemption from levy and sale; reciprocal exemption; judgment debtor resident; judgment creditor resident in another state ......................................................... 2356, 2376, 2446
SB 348-- Used tires; counties and municipalities enforce ordinances regulating storage ................................................ 2365, 2376, 2446
SB 353-- Austell, City of; public facilities authority; create................ 2729, 2739, 2942, 3656, 3659
SB 357-- Used motor vehicles; dealers' and parts dealers' registration; redefine rebuilder ............................................. 2365, 2377, 2446, 2718
SB 360-- Clayton County; board of elections and registration; create ..................................................................................... 2482, 2489, 2511, 2721, 2727
SB 362-- Lowndes County, board of commissioners; amend provisions.............................................................................. 2609, 2615, 2716, 3861, 3862
SB 363-- Thomas County; probate court judge; nonpartisan election.................................................................................. 2609, 2616, 2716, 3656, 3659
SB 364-- Colquitt County; probate court judge; nonpartisan election.................................................................................. 2609, 2616, 2716, 3656, 3660
SB 366-- Sugar Hill, City of; new charter............................................ 2609, 2616, 2716, 3656, 3660, 3845
SB 368-- Grady County; probate court judge; nonpartisan election.................................................................................. 2609, 2616, 2716, 3307, 3322
SB 369-- Macon County; board of elections and registration; create ...................................................................................... 2610, 2617, 2716
SB 370-- Wayne County; probate judge and chief magistrate; nonpartisan elections.............................................................. 2729, 2739, 2942
SB 371-- Long County; probate judge; nonpartisan election................ 2730, 2740, 2942

4336

INDEX

SB 372-- McIntosh County; education districts; reapportion .............. 2482, 2490, 2511, 2812, 2815, 3398
SB 373-- Madison County; probate judge and chief magistrate; nonpartisan elections............................................................. 2610, 2617, 2716, 3307, 3323
SB 374-- Clayton County; board of education; vacancies ................... 2730, 2740, 2942, 3307, 3323
SB 377-- Duluth, City of; new charter ................................................. 2610, 2617, 2716, 3070, 3128
SB 381-- Baker and Mitchell counties; consolidated high school; expiration of contract ............................................................ 2786, 2790, 2942, 3307, 3323
SB 382-- Mitchell County; probate court judge; nonpartisan election.................................................................................. 2786, 2790, 2942, 3307, 3324
SB 383-- Meriwether County; board of elections and registration; create ..................................................................................... 2786, 2790, 2942, 3307, 3324
SB 387-- Richmond County; probate judge; nonpartisan elections................ 3325, 3401
SB 388-- Haralson, City of; new charter......................................................... 3325, 3401

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1-- Faith-based services to people in need; public money to fund CA............................................................................... 2362, 2377, 2446
SR 3-- Joint session; inauguration of Governor and Lieutenant Governor .................................................................................................. 41, 41
SR 6-- Earl T. Shinholster Interchange and Bridge; designate ........ 2279, 2283, 2446, 2721, 3876
SR 20-- Joint session; message from Governor; invite justices and appellate judges............................................................................. 130, 130
SR 23-- Dean Bryant Intersection; designate..................................... 2279, 2283, 2446, 2505, 3131, 3394, 3675, 3841
SR 35-- Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses; create.......................... 2367, 2451, 2467, 2712, 3176, 3848
SR 49-- Medicare prescription drug benefit coverage; urge Congress to enact .............................................................. 758, 759, 839, 1632, 2456
SR 55-- Prescription Drugs for Seniors, Joint Study Committee; create ..................................................................................... 2361, 2377, 2446, 2942
SR 60-- William Ira (W.I.) Still, Jr. Highway; designate................... 2279, 2284, 2446, 2721
SR 66-- William S. Hutchings Bridge; designate .............................. 2279, 2284, 2446, 2721, 3876
SR 67-- Thelma "T-Lady" Ross Bridge, Veterans Memorial Highway, and Dean Bryant Intersection; designate ............. 2279, 2284, 2446, 2721, 3872, 4001
SR 69-- Dan J. DeLoach Highway; designate.................................... 2279, 2284, 2446, 2721, 3179
SR 90-- Byrd M. Bruce Interchange; designate ................................. 2280, 2284, 2446, 2721, 3877
SR 107-- Joint Study Committee on State Retirement Plan Options; create ...................................................................... 2281, 2285, 2446, 2942
SR 110-- Adjournment; relative to.............................................................. 401, 421, 592

4338

INDEX

SR 120-- Certain counties; grant easements; convey property ............ 1275, 1278, 1468, 2446, 2522, 2914, 2946, 3257, 3278, 3526, 4003
SR 121-- Certain counties; convey property ........................................ 1276, 1278, 1468, 2462, 2571, 2914, 3090
SR 150-- Robert Ray Parkway, Fred Emory Smith Memorial Bridge, J. Max Davis Interchange, and Dan and Marie Branch Highway; designate .................................................. 2280, 2285, 2446, 2721, 3179, 3401
SR 171-- Dixie Highway; designate; Purple Heart Trail; designate Interstate Route 95................................................ 2280, 2285, 2446, 2721, 3182, 3401
SR 184-- Burke Veterans Parkway; designate.................................. 2280, 2285, 2446
SR 220-- Improvement of the HOPE Scholarship Joint Study Commission; create............................................................... 2366, 2451, 2467, 2924, 3182
SR 226-- President Bush's 2003 Economic Growth and Tax Relief Plan; urge congressional delegation work to pass ...... 2366, 2451, 2467
SR 229-- Charles F. Hatcher Highway; designate ............................... 2280, 2286, 2446, 2721, 3183
SR 232-- Missile defense system; declare support............................... 2367, 2452, 2467, 2710
SR 233-- Adjournment; relative to.................................................................. 1238, 1239
SR 234-- Unemployment Insurance Trust Fund Joint Study Committee; create ................................................................. 2359, 2378, 2446, 2942, 3183, 3330, 3518
SR 240-- Savannah River and Port of Savannah; urge bilateral port commission; Georgia and South Carolina...................... 2362, 2378, 2446
SR 242-- Adjournment; relative to.................................................................. 1250, 1250
SR 308-- Joint Study Committee on Location of Electric Transmission Lines; create ................................................... 2362, 2378, 2446, 2942
SR 311-- Residential real property; freeze value; ad valorem tax; market value at acquisition CA........................................... 2357, 2378, 2446
SR 441-- Adjournment; relative to.................................................................. 2706, 2706